Ashok Shiva Parkar vs Shivsahyadri Co-Operative ...
2023 Latest Caselaw 10741 Bom

2023:BHC-AS:31200
                                                                              57-WP-12702-2023.doc


                    Arjun

                             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                    CIVIL APPELLATE JURISDICTION

                                        WRIT PETITION NO.12702 OF 2023

                    Ashok Shiva Parkar                              ...Petitioner

                            V/s.

                    Shivsahyadri Co-operative Credit                ...Respondents
                    Society Ltd. & Ors.


                    Mr. Rohan Kaiche i/b Sachin R. Pawar, for the Petitioner.
                    Mr. S. D. Rayrikar, AGP, for Respondent Nos.2 to 5.

                                               CORAM : MADHAV J. JAMDAR, J.

DATED : OCTOBER 17, 2023

P.C.:

1. Heard Mr. Kaiche, learned counsel appearing for the

Petitioner.

2. The challenge in the present Writ Petition is to the order

dated 7th July 2023 passed by the learned President,

Maharashtra State Co-operative Appellate Court, Mumbai in

Review Application No.3 of 2023.

3. The ground raised in the Review Application is that an

amount of Rs.2,00,000/- is not disbursed to the Petitioner when

the Petitioner availed the loan. The contention is specifically

raised in the Case No. CC/III/115/2014 filed by the present

57-WP-12702-2023.doc

Petitioner and the same has been specifically rejected by the

learned Judge, Co-operative Court No.III, Mumbai by the

judgment and award dated 19th September 2022. The Petitioner

challenged the said order dated 19th September 2022 by filing

the Appeal No.76 of 2022. In the said Appeal a specific point has

been framed whether the Opponent-Society disbursed remaining

loan amount of Rs.2,00,000/- and the finding is in the affirmative.

The learned President, Maharashtra State Co-operative Appellate

Court, Mumbai by the judgment and order dated 23rd March

2023 dismissed the said Appeal. Thereafter, the Review

Application has been filed on the same ground contending that

the Society had not disbursed the said amount of Rs.2,00,000/-.

The learned President, Maharashtra State Co-operative Appellate

Court, Mumbai has observed that the scope of review is very

limited and point raised earlier and rejected cannot be allowed to

be raised under the garb of review jurisdiction.

4. Therefore, no interference in the impugned order is

warranted under the writ jurisdiction of this Court. Accordingly,

the Writ Petition is dismissed, however, with no order as costs.

[MADHAV J. JAMDAR, J.]