Bombay High Court
Suryabhan Bhaurao Warule vs The State Of Maharashtra Through Its ... on 31 January, 2024
2024:BHC-AUG:2352
1 4-WP-569-24.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
4 WRIT PETITION NO. 569 OF 2024
AND
5 WRIT PETITION NO. 611 OF 2024
Suryabhan s/o. Bhaurao Warule,
Age 66 years, Occu. Retired,
R/o. Warule Wasti, Nagar Manmad Road,
Rahuri, Tq. Rahuri, Dist. Ahmednagar .. Petitioner
Versus
1. The State of Maharashtra
Through its Secretary,
Co-operative and Handloom
Department, Mantralaya,
Mumbai - 32.
2. Dehere Vividh Karayakari Seva
Sahakari Soceity Ltd., Dehere,
Taluka and Dist. Ahmednagar
Through its authorised offier .. Respondents
Mr. Prashant P. Giri and Vinod B Jadhav, Advocates for the
Petitioner;
Mrs. R. R. Tandale (Choure), AGP for Respondent No.1;
Mr. Vivek V. Tarde, Advocate for Respondent No.2/caveator
CORAM : S. G. MEHARE, J.
DATE : 31-01-2024
PER COURT :-
1. Heard the learned counsel for the parties.
2. The petitioner was a Secretary of respondent No.2/Dehere
Vividh Karayakari Seva Sahakari Society Ltd., Dehere. The
disputes were filed against him. The Judge, Co-operative Court,
Ahmednagar, by two judgments passed the awards against the
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petitioner. The petitioner had filed an appeal against those
judgments before the Maharashtra State Co-operative Appellate
Court, Mumbai, Bench at Aurangabad, contending that his lawyer
did not conduct the trial. Hence, the Judge, Co-operative Court,
Ahmednagar, proceeded ex-parte. The Co-operative Appellate
Court took a lenient view and set aside both judgments. However,
imposed the condition to deposit certain amount.
3. Learned counsel for the petitioner submits that the petitioner
has been retired. He has no source of income. He could not run
away from the awards. However, some concession may be given
to him to deposit the amount, as directed by the learned Co-
operative Appellate Court.
4. The learned counsel for the respondent No.2 opposed the
application. He submits that a huge amount is to be recovered
from him. He has misappropriated money of the society and used
it for his own benefits.
5. Both lawyers did not dispute that the original dispute against
the petitioner was proceeded ex-parte and he did not get an
opportunity to contest the dispute. However, fact remains that
awards are against him. To make the justice, certain concession to
deposit money as per the orders of the learned Co-operative
Appellate Court may be granted. Hence, both writ petitions are
disposed of on the following conditions;
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i) The petitioner shall deposit Rs.3,00,000/- in Writ Petition
No.611 of 2024 and Rs.75,000/- in Writ Petition No.569 of
2024, with the learned Judge, Co-operative Court,
Ahmednagar, within a month from today.
ii) The orders of the learned Co-operative Appellate Court
remanding the matter back is maintained.
iii) Both parties to appear before the Court of the learned Judge,
Co-operative Court, Ahmednagar, on 09.02.2024.
iv) Learned Judge, Co-operative Court, Ahmednagar, is directed
to dispose of the disputes within three months from today by
granting an opportunity of hearing to the present petitioner
as well as respondents.
v) There shall be no extension for depositing the amount as
directed above.
vi) If the petitioner fails to deposit the money as directed above,
he will be bound by the original judgments/awards of the
learned Judge, Co-operative Court, Ahmednagar.
vii) The amount deposited by the petitioner would be subject to
the judgments/awards of the disputes by the learned Judge,
Co-operative Court, Ahmednagar.
viii) It is clarified that if the petitioner is held liable to pay the
amount; the same be recovered and adjusted towards the
decretal amount.
( S. G. MEHARE )
JUDGE
rrd
