Nilkanth Ganpatrao Khadatkar vs Chandrapur-Gadchiroli Zilla ...
2023 Latest Caselaw 114 Bom

                                                            1                             53-wp-5123-17.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                                  WRIT PETITION NO. 5123/2017

                        Nilkanth Ganpatrao Khadatkar
                                      Vs.
            Chandrapur - Gadchiroli Zilla Madhavarthi Sahkari Bank

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders

                                  Mr. S.W. Sambre, Adv. for the Petitioner
                                  Ms. Aarti Singh, Advocate for respondent



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 4th JANUARY, 2023

The petition questions the judgments of the Co-operative Appellate Court, whereby the claim for recovery has been allowed and the petitioner has been directed to pay a sum of Rs.5,03,046/- with interest @12% p.a. on the principal amount of Rs.3,99,242/- from the date of dispute till realization. Though Mr. Sambre, learned counsel for the petitioner contends that no loan was given and the rate of interest is also disputed by him, however, a perusal of the reply dated 25/8/2009 (page 38) sent by the petitioner, in pursuance to the demand notice dated 4/8/2009, indicates a categoric admission regarding the receipt of the loan. Though the liability to pay interest at the rate claimed 2 53-wp-5123-17.odt

denied, however, execution of documents such as loan agreement have not disputed, which also contains the rate of interest. This entire position has been properly appreciated by the learned Co- operative Appellate Court in its judgment, considering which, I do not see any reason to interfere in the impugned order. The petition is therefore dismissed. No costs.

JUDGE

MP Deshpande

Digitally signed by:MILIND P DESHPANDE Signing Date:05.01.2023 14:48