Babasaheb Naik Kapus Utpadak ... vs The Reserve Bank Of India, Thr. ...
2023 Latest Caselaw 8389 Bom

                                                                                                                                    905. CAW 2461 of 2023.odt
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                                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                         NAGPUR BENCH AT NAGPUR

                                           CIVIL APPLICATION (CAW) NO.2461/2023
                                                             IN
                                                WRIT PETITION NO.4526/2022

    Babasaheb Naik Kapus Sahakar Soot Girni, Yavatmal through its Managing
                                      Director
                                    ...Versus...
    The Reserve Bank of India, through its Chief General Manager, Mumbai and
                                       others

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Office Notes, Office Memoranda of Coram,                                                                             Court's or Judge's orders
appearances, Court's orders or directions
and Registrar's orders
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                                                           Mr. R.M. Bhangde, Advocate for respondent no.1/applicant
                                                           Mr. A.A. Naik, Advocate for respondent no.3


                                                                                        CORAM : AVINASH G. GHAROTE AND
                                                                                                M.W. CHANDWANI, JJ.

DATE : 18/08/2023

1. Mr. Bhangde, learned counsel for the applicant contends that the National Cooperative Development Corporation, New Delhi would be a necessary party to this application, as by virtue of the interim order, dated 05/09/2022 the amount of Rs.4,42,17,935/- was directed to be remitted to the respondent no.3, which has been so done, which was subject to the result of the petition.

2. This petition has been dismissed by the judgment dated 23/03/2023, as a result of which, this application has been filed by the respondent no.1/Reserve Bank of India for

905. CAW 2461 of 2023.odt

restitution. Since the amount has been remitted to the National Cooperative Development Corporation, by virtue of the interim order dated 05/09/2022, the said Corporation would be necessary to be added as respondent no.4. Learned counsel for the petitioner is, therefore, directed to add the National Cooperative Development Corporation, New Delhi as respondent no.4.

3. The addition be carried out by the end of this week. Upon the same being done, issue notice to the newly added respondent no.4, returnable in two weeks.

4. The applicant shall ensure service upon the respondent no.4 by all modes of service permissible law within the aforesaid time.

(M.W. CHANDWANI, J.) (AVINASH G. GHAROTE, J.)

Wadkar