Mr. John Norbert Rodrigues vs Citizen Credit Co Operative Bank Ltd
2024 Latest Caselaw 1824 Bom

Bombay High Court

Mr. John Norbert Rodrigues vs Citizen Credit Co Operative Bank Ltd on 22 January, 2024

Author: A.S. Chandurkar

Bench: A.S. Chandurkar

              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         ORDINARY ORIGINAL CIVIL JURISDICTION

                   WRIT PETITION (LODGING) NO.30410 OF 2023
Tool Tech Engineers, Jogeshwari, Mumbai                         .. Petitioner
                   Vs.
Citizencredit Co-op. Bank Ltd., Dadar, Mumbai & Anr.            .. Respondents

Mr. K.T. Thomas, with Mr. Sourav Chhetia, Adv. Mehlin Francis and Mr. P.J. Antony, i/by Law Well & Chartered, for the Petitioner. None for the Respondents.

CORAM : A.S. CHANDURKAR & JITENDRA JAIN, JJ DATE : 22ND JANUARY, 2024.

P.C. :

1. It is submitted by the learned counsel for the petitioner that the Recovery Certificate as issued, under Section 101 of the Maharashtra Co-

operative Societies Act, 1960, by the Divisional Joint Registrar on 30 th November 2002 is sought to be executed by having recourse to the provisions of the Civil Procedure Code, 1908. Relying upon the judgment of this Court in Satguru Construction Co. Pvt. Ltd. and Others Vs. GR. Bombay Co-operative Bank Ltd., (2007) 3 Mah.L.J. 843 , it is submitted that a Recovery Certificate issued under the Act of 1960 can be executed only in the mode and manner prescribed under the said Act and the Rules framed thereunder.

2. Issue notice to the respondents, returnable on 20th February 2024.

3. Considering the fact that prima facie case has been made out, there shall be ad-interim relief in terms of prayer clause (c) till the returnable date.

[ JITENDRA JAIN, J. ] [ A.S. CHANDURKAR, J. ]

6-WP(L)-30410-2023.doc Dixit