Madhya Pradesh High Court
Yadvendra Singh Yadav vs District Cooperative Central Bank ... on 16 February, 2024
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 16 th OF FEBRUARY, 2024
WRIT PETITION No. 3188 of 2024
BETWEEN:-
YADVENDRA SINGH YADAV S/O LATE SHRI
RAGHUVEER SINGH YADAV, AGED-43 YEARS,
OCCUPATION: SERVICE R/O PURANE PETROL PUMP KE
PASS SHIVPURI (MADHYA PRADESH)
.....PETITIONER
(BY SHRI RAGHUVENDRA DIXIT- ADVOCATE )
AND
1. DISTRICT COOPERATIVE CENTRAL BANK
MARYADIT SHIVPURI THROUGH ITS CASE IN
CHARGE RAKESH BHADORIYA S/O SHRI MANNU
LAL BHADORIYA OFFICE SUPERINTENDENT
DISTRICT COOPERATIVE CENTRAL BANK
MARYADIT SHIVPURI (MADHYA PRADESH)
2. RAKESH PARASAR S/O LATE SHRI JAGDISH
PRASAD PARASHAR R/O RAMESHWARDHAM
MANDIR KOLARAS POST KOLARAS TEHSIL
KOLARAS, DISTRICT SHIVPURI (MADHYA
PRADESH)
3. RAKESH KULSHRESHTHA S/O LATE SHRI
RAVINDRA KUMAR KULSHRESTHA R/O TULSI
NAGAR, SHIVPURI (MADHYA PRADESH)
4. SAURABH MAIHAR S/O SHRI TEJSINGH MAIHAR
R/O KAPTAN SAHAB KA BADA, KALAPATHA,
CANTT GUNA (MADHYA PRADESH)
5. GYANENDRA DUTT SHUKLA S/O SHRI
BALESHWAR DAYAL SHUKLA R/O C-13, VIJAY
NAGAR AMKHO, LASHKAR, GWALIOR (MADHYA
PRADESH)
6. RAMESH KUMAR RAJPOOT S/O SHRI
GANGARAM RAJPOOT R/O VILLAGE TORIYA
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 17-Feb-24
11:10:59 AM
2
POST GADVASA, TEHSIL BADARWAS SHIVPURI
(MADHYA PRADESH)
7. KU. RENU SHARMA D/O SHRI RAMWALI SHARMA
R/O BEHIND OF SHRI RAM TALKIES,
VIJAYPURAM, FATEHPUR, ROAD (MADHYA
PRADESH)
8. PRABHAT BHARGAV S/O SHRI R.D. BHARGAV,
AGED-49 YEARS, R/O NEAR OF RADHA RAM
TEMPLE, SHIVPURI (MADHYA PRADESH)
9. SHRI RAMPRAKASH TYAGI S/O SHRI DEVKISAN
TYAGI R/O BEHIND OF P.S. HOTEL, STATION
ROAD SHIVPURI (MADHYA PRADESH)
10. HARBANSH SHARAN SHRIVASTAVA S/O SHRI
PREM NARAYAN SHRIVASTAVA R/O HOUSING
BOARD COLONY, NEAR T.V. TOWER SHIVPURI
(MADHYA PRADESH)
11. SMT SHEELA SHARMA W/O LATE SHRI KRISHNA
SHARMA R/O TULSI NAGAR, SHIVPURI (MADHYA
PRADESH)
12. AMIT SHARMA S/O LATE SHRI KRISHNA
SHARMA R/O TULSI NAGAR, SHIVPURI (MADHYA
PRADESH)
13. SMT JYOTI SHARMA D/O LATE SHRI KRISHNA
SHARMA R/O TULSI NAGAR, SHIVPURI (MADHYA
PRADESH)
14. KU EKTA SHARMA D/O LATE SHRI KRISHNA
SHARMA R/O TULSI NAGAR, SHIVPURI (MADHYA
PRADESH)
15. SMT SARITA JAIN W/O LATE SHRI SHIKHAR
CHANDRA JAIN R/O MAHAL COLONY, SHIVPURI
(MADHYA PRADESH)
16. YATAN JAIN S/O LATE SHRI SHIKHAR CHANDRA
JAIN R/O MAHAL COLONY, SHIVPURI (MADHYA
PRADESH)
17. STATE OF MP. THROUGH ITS PRINCIPAL
SECRETARY, COOPERATIVE DEPARTMENT
VINDHYACHAL BHAWAN, BHOPAL (MADHYA
PRADESH)
Signature Not Verified
Signed by: CHANDNI
NARWARIYA
Signing time: 17-Feb-24
11:10:59 AM
3
.....RESPONDENTS
(BY SHRI D.P. SINGH- ADVOCATE FOR R-1)
This petition coming on for admission this day, th e court passed the
following:
ORDER
The petitioner has preferred this petition under Article 226 of the
Constitution of India seeking the following reliefs:
i) That, the impugned order dated 19.01.2024
(Annexure P/1) passed by learned Cooperative
tribunal may kindly be modified to the extent that
application for exemption from payment of process fees
may kindly be allowed and petitioner may kindly be
exempted to pay process fees in respect of all private
respondents.
ii) That, respondent no.1 may kindly be restrained to
make any recovery from petitioner in pursuance of the
order dated 19.12.2023 (Annexure P/2) till the final
disposal of the first appeal filed and pending before the
cooperative tribunal Bhopal.
iii) That, cost of this petitioner any other relief which is
just and proper in the facts and circumstances of the
case may also be granted.
At the outset learned counsel for the petitioner placed the order dated
13.02.2024 passed in WP No.3191 of 2024 (Ramprakash Tyagi vs.
District Cooperative Central Bank Maryadit, Shivpuri and Ors.) and
submits that the matter is covered by the judgment passed by Co-ordinate
Bench of this Court. He seeks parity viz a viz the said order.
Learned counsel for the respondent no.1 could not dispute the said fact.
A relevant discussion of the said order is as under:-
5 . After considering the rival submissions and going
through the orders, it appears that question of interim
relief is yet to be decided by the learned Tribunal and
understandably so because any Tribunal has to apply
judicial mind and consider the rival submissions
before reaching to a conclusion and the order dated
19.01.2024 does not indicate so, therefore, in all
probabilities it is the fact that learned Tribunal shall
hear the parties on next date of hearing on the
question of interim relief.
6. S o far as petitioner's reservation regarding service
of summons to private respondents is concerned,
same can be addressed and reconciled once the
private respondents appear before the Court and
petitioner may supply them all necessary pleadings
and documents, so that they can also address in the
litigation.
7. Looking to the fact situation, learned Tribunal may
consider the case and decide it finally at an
expeditious note.
8. With the aforesaid, petition stands disposed of.
In view of the aforesaid, this petition stands disposed of in the manner as
directed by the Coordinate Bench of this Court in case of Ramprakash Tyagi
(supra) that order shall apply mutatis mutandis in the present case order.
Cc as per rules/directions.
(MILIND RAMESH PHADKE)
JUDGE
Chandni
