The Hooseini Co Op Credit Soc Ltd vs The State Of Maharashtra And Anr
2023 Latest Caselaw 4472 Bom

2023:BHC-AS:13631



                                                                             78-APEAL-969-14.doc

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                   BEFORE THE NATIONAL LOK ADALAT
                                   CRIMINAL APPELLATE JURISDICTION


                                    CRIMINAL APPEAL NO. 969 OF 2014
                The Hooseini Co op Credit Soc Ltd.                               ...Appellant
                     Versus
                The State of Maharashtra & Anr.                             ...Respondents


                Mr Sayed Salim Hasan, party-in-person for the appellant.
                Mr H. J. Dedhia, AGP, for the Respondent No.1-State.
                None for the Respondent No.2.


                                               CORAM : Neela Gokhale, J.

Arland M.I., Registrar (F & B), Member D.M. Mata, Deputy Registrar (Legal & Research), Member DATED : 30th April 2023 PC:-

1. Mr. Sayed Salim Hasan, legal officer and authorized

representative of the appellant-society is present. He tendered a

true copy of the Resolution of the society, authorizing him to

appear before the Lok Adalat today. He has also placed on record

the account statements for the relevant period from 13 th October,

2010 to 29th April, 2023.

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                                                                78-APEAL-969-14.doc

2. Shri H. J. Dedhia, learned AGP appears for the respondent

No.1-State. Respondent No.2 is not present nor represented

before us today.

3. The Special Recovery Officer (SRO) who appears before us

for the appellant-society, he further states that the society had

obtained recovery certificate under Section 101 of the

Maharashtra Co-operative Societies Act, 1960. The society is to

take appropriate steps in pursuant of the said recovery certificate.

Further, respondent No.2 in the meantime repaid the said

amount and no enforcement of the recovery certificate is deemed

necessary. In the circumstances, the amount stands recovered.

The society representative also placed before us the judgment

dated 18th February, 2014, the judgment clearly indicates that the

respondent No.2 - accused has been acquitted. The statements of

account and the judgment are taken on record and marked 'X1'

'X2' 'X3' respectively for identification. The SRO of appellant has

filed his identity cards on record, it is marked 'X4' 'X5'

respectively for identification. The representative of the appellant

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78-APEAL-969-14.doc

states that the entire amount has been recovered and nothing

survive in the present matter.

4. The Appeal stands disposed of as settled/withdrawn.

5. Court fee refund be made as per Rules.

6. Record and proceedings be sent back.

7. In view of withdrawal of the appeal, pending applications,

also stand disposed of.

        (D.M. Mata)          (Arland M.I.)    (Neela Gokhale, J)
     Deputy Registrar      Registrar (F & B), Head of the Panel
(Legal & Research), Member     Member




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