State Consumer Disputes Redressal Commission
Shantaram B.Jadhav vs Bharat R.Mohite And Ors on 21 June, 2019
A/19/682toA/19/684
BEFORE THE HON'BLE STATE CONSUMER DISPUTES REDRESSAL
COMMISSION, MAHARASHTRA, MUMBAI
Appeal No. A/19/682
(Arisen out of order dated 12/06/2019 passed in EA/79/2015 in complaint
No.645/2009 by District Solapur)
Shantaram Baban Jadhav
R/at Modnimb, Tal. Madha,
Dist. Solapur. ...........Appellant (s)
Versus
1.Suresh Narayan Deshmane R/at Pandharpur, Tal. Pandharpur, Dist. Solapur.
2. Jay Shriram Gramin Bigarsheti Sahakari Patsanstha Maryadit, Branch-Barloni, Pandharpur, Dist. Solapur.
3. Sunil Ananta Dhumale Chairman (Deceased) R/at Barloni, Tal. Madha, Dist. Solapur.
4. Kundalik Nagnath Shelar Director R/at Barloni, Tal. Madha, Dist. Solapur.
5. Sandip Bharat Shinde Director R/at Ridhore, Tal. Madha, Dist. Solapur.
6. Nagnath Vasant Gaykwad Director R/at Ridhore, Tal. Madha, Dist. Solapur.
7. Satish Shamram Gapate Director R/at Ridhore, Tal. Madha, Dist. Solapur.
8. Prashant Bharat Shinde Director R/at Ridhore, Tal. Madha, Dist. Solapur.
9. Ganesh Dattatray Jadhav Director (Deceased) R/at Yevati, Tal. Madha, ............Respondent (s) Page 1 of 6 A/19/682toA/19/684 Dist. Solapur.
10. B.S. Patil (Liquidator) Jay Shriram Gramin Bigarsheti Sahakari Patsanstha Maryadit, Branch-Barloni, Market Yard, Tal. Madha, Dist. Solapur.
............Respondent (s) Appeal No. A/19/683 (Arisen out of order dated 12/06/2019 passed in EA/135/2014 in complaint No.642/2009 by District Solapur) Shantaram Baban Jadhav R/at Modnimb, Tal. Madha, Dist. Solapur. ...........Appellant (s) Versus
1. Bharat Ramchandra Mohite
2. Ratnaprabha Bharat Mohite
3. Rohit Bharat Mohite
4. Dhanashri Bharat Mohite
5. Priyanka Bharat Mohite
6. Rahul Bharat Mohite All r/at Navi Peth, Tal. Pandharpur, Dist. Solapur.
7. Jay Shriram Gramin Bigarsheti Sahakari Patsanstha Maryadit, Branch-Barloni, Pandharpur, Dist. Solapur.
8. Sunil Ananta Dhumale Chairman (Deceased) R/at Barloni, Tal. Madha, Dist. Solapur.
9. Kundalik Nagnath Shelar Director R/at Barloni, Tal. Madha, Dist. Solapur.
10. Sandip Bharat Shinde Director R/at Ridhore, Tal. Madha, Dist. Solapur.
11. Nagnath Vasant Gaykwad Director R/at Ridhore, Tal. Madha, Dist. Solapur.
............Respondent (s) Page 2 of 6 A/19/682toA/19/684 12 Satish Shamram Gapate Director R/at Ridhore, Tal. Madha, Dist. Solapur.
13. Prashant Bharat Shinde Director R/at Ridhore, Tal. Madha, Dist. Solapur.
14. Ganesh Dattatray Jadhav Director (Deceased) R/at Yevati, Tal. Madha, Dist. Solapur.
15. B.S. Patil (Liquidator) Jay Shriram Gramin Bigarsheti Sahakari Patsanstha Maryadit, Branch-Barloni, Market Yard, Tal. Madha, Dist. Solapur.
............Respondent (s) Appeal No. A/19/684 (Arisen out of order dated 12/06/2019 passed in EA/134/2014 in complaint No.644/2009 by District Solapur) Shantaram Baban Jadhav R/at Modnimb, Tal. Madha, Dist. Solapur. ...........Appellant (s) Versus
1. Giridharsing Babusing Rajput
2. Anandsing Giridharsing Rajput
3. Vishalsing Giridharsing Rajput
4. Vishwanathsing Giridharsing Rajput All r/at Laxmi Takali, Tal. Pandharpur, Dist. Solapur.
5. Jay Shriram Gramin Bigarsheti Sahakari Patsanstha Maryadit, Branch-Barloni, Pandharpur, Dist. Solapur.
6. Sunil Ananta Dhumale Chairman (Deceased) R/at Barloni, Tal. Madha, Dist. Solapur.
7. Kundalik Nagnath Shelar Director R/at Barloni, Tal. Madha, Dist. Solapur.
............Respondent (s) Page 3 of 6 A/19/682toA/19/684
8. Sandip Bharat Shinde Director R/at Ridhore, Tal. Madha, Dist. Solapur.
9. Nagnath Vasant Gaykwad Director R/at Ridhore, Tal. Madha, Dist. Solapur.
10. Satish Shamram Gapate Director R/at Ridhore, Tal. Madha, Dist. Solapur.
11. Prashant Bharat Shinde Director R/at Ridhore, Tal. Madha, Dist. Solapur.
12. Ganesh Dattatray Jadhav Director (Deceased) R/at Yevati, Tal. Madha, Dist. Solapur.
13. B.S. Patil (Liquidator) Jay Shriram Gramin Bigarsheti Sahakari Patsanstha Maryadit, Branch-Barloni, Market Yard, Tal. Madha, Dist. Solapur.
............Respondent (s) BEFORE:
D.R. Shirasao PRESIDING JUDICIAL MEMBER Dr.S.K. Kakade, Member For the Mr.Rajesh Jadhav, Advocate for Appellant: appellant.
ORAL ORDER Per Shri D.R. Shirasao, Hon'ble Presiding `Judicial Member Mr.Rajesh Jadhav, Advocate present for appellant in all these appeals. Heard submissions at the Bar.
2. Respondents/org. complainants in each appeal had filed Execution Application No.79/2015, 135/2014 & 134/2014 in complaint No.645/2009, 642/2009 & 644/2009 against appellant for recovery of amount as awarded by the Learned District Forum to respondents/org.Page 4 of 6
A/19/682toA/19/684 complainants. As appellant was remaining absent in the proceedings, the Learned District Forum issued arrest warrant against appellant and taken him in custody. Application filed by the appellant/accused for release him on bail was rejected by the Learned District Forum. Being aggrieved by the same, appellant/accused has preferred these appeals. Appeals are filed only on the ground that the Learned District Forum had not granted bail to appellant/accused. Hence, these appeals are finally decided on merits.
3. Advocate present for appellant submitted that the appellant has already deposited most of the amount which was outstanding against him with the Learned District Forum. Only part of the amount is remained to be deposited. He further submitted that the appellant is willing to deposit rest of the amount within two months with the District Forum. In view of the same, we are of the opinion that if the final payment of decreetal amount is made by the appellant within a period of two months, then execution proceedings itself will be disposed of. In view of the same, we are of the opinion that the appellant should get a chance to deposit remaining decreetal amount with the District Forum within a period of two months. For that purpose, we are of the opinion that the appellant should be released on bail. Hence, we proceed to pass the following order :-
-: ORDER :-
1. Appeals are hereby allowed.
2. Appellant is hereby released on bail on executing PR Bond of Rs.10,000/- along with one solvent surety in the like amount to the satisfaction of the Learned District Forum. Appellant is permitted to give cash surety in lieu of solvent surety.
3. As per undertaking given by the appellant, appellant to deposit entire decreetal amount within a period of two months from the date of passing of this order.Page 5 of 6
A/19/682toA/19/684
4. No order as to costs.
5. Inform the Learned District Forum by email.
6. Copies of the order be furnished to the parties.
Pronounced Dated 21st June 2019.
[D.R. Shirasao] PRESIDING JUDICIAL MEMBER [Dr.S.K.Kakade] Member dd.
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