Shri Mungsaji Maharaj Sahakari ... vs The Buldhana District Central ...
2023 Latest Caselaw 789 Bom

                                                       1                               17.WP.557-2023.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR
                             WRIT PETITION NO. 557 OF 2023
( Shri Mungsaji Maharaj Sahakari Soot Girni Limited, Thr. Its Authorized
               Signatory Shri Vishal S/o Gulabrao Mawal
                                  Vs.
    The Buldhana District Central Co-Operative Bank Limited, Thr. Its
                          Managing Director )
Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders

                                  Mr. C.S. Kaptan, Senior Advocate a/w Mr. R.S. Kalangiwale, Advocate for
                                  the Petitioner.

                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 23rd JANUARY, 2023

Heard Mr. Kaptan, learned Senior Counsel for the petitioner.

2. The Co-operative Court, Akola by its judgment dated 05.12.2019 (page 342), has dismissed the dispute filed by the respondent against the petitioner for recovery of certain amounts on the ground that the respondent has failed to prove the entries regarding the actual disbursement and amounts due (page 254 to 256), as against which, the learned Co-operative Appellate Court, by the impugned judgment dated 21.02.2022 (page 451), has passed an award in the sum of Rs. 05,05,67,177/- alongwith 21% interest per annum from 01.09.2002 till filing of the dispute and thereafter till realization. It is submitted by Mr. Kaptan, learned Senior Counsel for the petitioner, that the entire award of the learned Co-operative Appellate Court, is based 2 17.WP.557-2023.odt

upon the Bank statements of the petitioner as maintained by the respondent have not been proved at all (Exhs. 87 to 90), inspite of which based upon them, the learned Co-operative Appellate Court, has passed the impugned award. It is contended, that consequent to the award, an amount of rupees One Crore has already been deposited by the respondent. It is further contended, that the impugned award cannot be sustained, as it is based upon no evidence at all, on account of failure of the respondent to prove the Bank statements at Exh. 87 to 90.

3. Issue notice to the respondent for final disposal of the matter, returnable on 13.02.2023.

4. The petitioner to serve the respondent by all modes permissible in law including E-mail and Whats App. Hamdast is granted.

5. Call R and P.

6. The request for stay of the impugned award dated 21.02.2022 is granted, subject to the petitioner depositing an additional amount of rupees One Crore in this Court by 06.02.2023.

7. It is made clear, that in case the amount does not stand deposited in this Court by 06.02.2023, the stay shall automatically stand vacated without reference to this Court.

Signed By:SHRIKANT JUDGE DAMODHAR BHIMTE SD. Bhimte Signing Date:23.01.2023 17:26