Bombay High Court
Shri. Suresh Shivajirao Kale vs Suvarnayug Sahakari Bank Ltd. And Anr on 30 June, 2022
Author: Nitin W. Sambre
Bench: Nitin W. Sambre
(15)-WP-12483-16 & group matters.doc.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
Digitally
WRIT PETITION NO.12483 OF 2016
BALAJI
signed by
BALAJI
GOVINDRAO
WITH
GOVINDRAO PANCHAL
PANCHAL Date:
2022.07.02
WRIT PETITION NO.12485 OF 2016
14:44:59
+0530
Suvarnayug Sahakari Bank Ltd. ..Petitioner
Versus
Suresh Shivajirao Kale & Anr. ..Respondents
WITH
WRIT PETITION STAMP NO.34427 OF 2016
Suresh Shivajirao Kale ..Petitioner
Versus
Suvarnayug Sahakari Bank Ltd. & Anr. ..Respondents
Mr. Shankar P. Thorat a/w G. B. Walawalkar, for the Petitioner in
WP Nos.12483/2016 & 12485/2016 & for Respondent No.1 in
WPST No.34427/2016.
Mr. S. S. Panchpor i/by SNP Legal, for the Respondent No.1 in
WP Nos.12483/2016 & 12485/2016 & Petitioner in WPST
No.34427/2016.
CORAM : NITIN W. SAMBRE, J.
DATE : 30th JUNE, 2022 P.C.
1. Heard.
2. The issue canvassed is whether the Courts below i.e. Co-operative Court and Co-operative Appellate Court have committed an error of law in not granting relief as regards responsibility of the respondents employees in failure to secure securities more than Rs.5 crores for which the amount was already paid.
BGP. 1 of 2 (15)-WP-12483-16 & group matters.doc.
3. Having regard to the fact that both the Courts below have concurrently held against the petitioner employer, it will be appropriate, in my opinion, to direct the petitioner to deposit entire amount to which the respondents employees are entitled towards dues within a period of four weeks from today.
4. Let the amount be deposited along with detail calculations pursuant to the directions issued under the impugned order.
5. In view of above, matter to come up for consideration on 27th July, 2022.
6. In the meantime, if the amount is so deposited, the respondents/employees will not be permitted to withdraw the same without leave of the Court.
7. I am informed that since the award delivered by the Co-operative Court confirmed by the Co-operative Appellate Court is under execution before the Civil Court, counsel for the petitioner seeks permission to deposit in the pending execution proceedings.
8. Permission granted.
[NITIN W. SAMBRE, J.]
BGP. 2 of 2