Santosh S/O Radhesham Kedia vs The Shegaon Shri Agrasen Sahakari ...
2023 Latest Caselaw 882 Bom

                                                        1                            935.WP.4004-2021.odt




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

                            WRIT PETITION NO. 4004 OF 2021
                   ( Santosh S/o Radhesham Kedia
                                 Vs.
 The Shegaon Shri Agrasen Sahakari Patsanstha Maryadit, Shegaon, Thr.
                         Its Manager & Ors. )

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

                                  Mr. Bhushan Dafle, Advocate for the Petitioner.
                                  Mr. R.K. Thakkar, Advocate for the Respondent Nos. 1 & 2.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 25th JANUARY, 2023

Heard Mr. Dafle, learned counsel for the petitioner and Mr. Thakkar, learned counsel for the respondent Nos. 1 and 2.

2. The petition challenges the order dated 26.08.2021 passed by the learned Co-operative Court, Akola allowing the application of the disputant and rejecting the written statement filed on record by the present petitioner. The respondent No. 1 has filed a dispute before the learned Co-operative Court, on which on an earlier occasion a no written statement order was passed against the present petitioner and an award was passed on 15.12.2016, which came to be challenged before the learned Appellate Court in appeal, in which by the judgment dated 27.07.2021, the award by the learned Co-operative Court was set aside and the 2 935.WP.4004-2021.odt

petitioner was directed to file his written statement on 17.08.2021 and the learned Cooperative Court was directed to decide afresh. On 17.08.2021 the written statement was not filed but the same was filed on 26.08.2021, which was objected by the respondent No. 1, which objection came to be upheld and the written statement filed on record was rejected by the order dated 26.08.2021.

3. There is a delay of 9 days in filing the written statement as it was directed to file on 17.08.2021 but was filed on 26.08.2021. In order to show his bonafide the petitioner has already deposited a sum of Rs. 2,75,000/- in this Court which is something more than the terms imposed upon him by the judgment of the learned Co-operative Appellate Court dated 27.07.2021 (page 87). That being the case, considering the quantum of delay and the position that the matters are to be decided on merits, the impugned order is hereby quashed and set aside and the written statement filed by the present petitioner is permitted to be taken on record. The amount deposited by the petitioner with the respondent No.1/Society shall be adjusted ultimately in the award which may be passed.

4. The Petition is accordingly allowed in the above terms. No costs.

Signed By:SHRIKANT DAMODHAR BHIMTE JUDGE Signing Date:27.01.2023 15:41 SD. Bhimte