Bombay High Court
Shrad Hanumandas Bang And 2 Others vs The Deputy Registrar Of Cooperative ... on 31 January, 2019
Author: Manish Pitale
Bench: Manish Pitale
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 7383 OF 2017
Vinod Hanumandas Bang and others
-Vs.-
The Deputy Registrar of Cooperative Society, Akola and another
WRIT PETITION NO. 2673 OF 2018
Jaikishan Maniklal Daga and others
-Vs.-
The Divisional Joint Registrar of Cooperative Societies, Amravati & oths.
WRIT PETITION NO. 4675 OF 2018
Akola Merchant Coop.Bank Ltd., Akola, thr.its Chief Executive Officer
-Vs.-
State of Mah., thr.its Secretary, Deptt.of Coop. & oths.
WRIT PETITION NO. 4676 OF 2018
Akola Merchant Coop. Bank Ltd., Akola, thr.its Chief Executive Officer
-Vs.-
State of Mah., thr.its Secretary, Deptt.of Coop. & oths.
WRIT PETITION NO. 4677 OF 2018
Akola Merchant Coop. Bank Ltd., Akola, thr.its Chief Executive Officer
-Vs.-
State of Mah., thr.its Secretary, Deptt.of Coop. & oths.
WRIT PETITION NO. 4678 OF 2018
Akola Merchant Coop. Bank Ltd., Akola, thr.its Chief Executive Officer
-Vs.-
State of Mah., thr.its Secretary, Deptt.of Coop. & oths.
WRIT PETITION NO. 4679 OF 2018
Akola Merchant Coop. Bank Ltd., Akola, thr.its Chief Executive Officer
-Vs.-
State of Mah., thr.its Secretary, Deptt.of Coop. & oths.
WRIT PETITION NO. 4680 OF 2018
Akola Merchant Coop. Bank Ltd., Akola, thr.its Chief Executive Officer
-Vs.-
State of Mah., thr.its Secretary, Deptt.of Coop. & oths.
WRIT PETITION NO. 4681 OF 2018
Akola Merchant Coop. Bank Ltd., Akola, thr.its Chief Executive Officer
-Vs.-
State of Mah., thr.its Secretary, Deptt.of Coop. & oths.
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WRIT PETITION NO. 4682 OF 2018
Akola Merchant Coop. Bank Ltd., Akola, thr.its Chief Executive Officer
-Vs.-
State of Mah., thr.its Secretary, Deptt.of Coop. & oths.
WRIT PETITION NO. 7405 OF 2018
Sharad Hanumandas Bang and others
-Vs.-
The Deputy Registrar of Cooperative Society, Akola and another
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Office notes, Office Memoranda of
Coram, appearances, Court's orders Court's or Judge's Orders.
or directions and Registrar's orders.
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Mr.R.A.Haque, counsel for the petitioners in WP No.7383/17.
Mr.R.M.Bhangde, counsel for the petitioners in WP No.2673/17.
Mr.R.L.Khapre, counsel for Akola Merchant Coop.Society (Bank)
Ltd., Akola.
Mr.Sharad Thakre, counsel for the petitioners in WP
No.7405/17.
Mr.R.M.Bhangde, counsel for respondent No.4 in WP
Nos.4675/18.
Mr.R.M.Bhangde, counsel for respondent No.4 & 4a in WP
Nos.4676/18.
Mr.R.M.Bhangde, counsel for respondent Nos.4 & 5 in WP
Nos.4677/18.
Mr.R.M.Bhangde, counsel for respondent No.4 in WP
Nos.4678/18.
Mr.R.M.Bhangde, counsel for respondent Nos.4 & 6 in WP
Nos.4679/18.
Mr.R.M.Bhangde, counsel for respondent No.4 to 6 in WP
Nos.4680/18.
Mr.R.M.Bhangde, counsel for respondent No.4 & 6 in WP
Nos.4681/18.
Mr.R.M.Bhangde, counsel for respondent No.5 in WP
Nos.4682/18.
Mr.A.R.Chutke, AGP for respondent-State.
CORAM : MANISH PITALE, J.
DATE : 31.01.2019.
In these bunch of writ petitions, in Writ Petition No.2673 of 2018, wherein eight petitioners being borrowers of the Akola Merchant Cooperative KHUNTE ::: Uploaded on - 02/02/2019 ::: Downloaded on - 02/02/2019 23:11:18 ::: wp7383.17+10.odt 3/4 Society (Bank) Ltd., Akola were given interim relief by order dated 25/05/2018, which reads as follows:-
"CIVIL APPLN. NO.1155/2018.
Heard.
Issue notice to the respondents, returnable on 18th June, 2018.
Shri H.R.Dhumale, A.G.P. waives notice for the respondent Nos.1 and 2.
I am not inclined to grant interim prayer as made in the writ petition or civil application presented today. However, the prayer made on behalf of the petitioners that the respondents be restrained from auctioning the Toor Dal mortgaged by the petitioners with the respondent No.3-Bank requires consideration.
Hence, the following ad-interim order:
The respondents shall not auction Toor Dal mortgaged by the petitioners with the respondent No.3-Bank, until further orders.
CIVIL APPLN. NO.1156/2018.
Issue notice to the respondents, returnable on 18th June, 2018.
Shri H.R. Dhumale, A.G.P. waives notice for the non-applicants/respondent Nos.1 and 2."
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2. As a consequence, during the pendency of these writ petitions, the said Bank could not auction toor dal mortgaged by the petitioners/borrowers in order to recover the amounts allegedly due from the borrowers.
3. After hearing counsel for some time, this Court finds that the questions of law raised on behalf of the borrowers as well as the bank need further detailed hearing, but in the meantime, it would be in the interest of justice that the bank is permitted to auction the toor dal mortgaged by the petitioners/borrowers with the bank. This would enable the bank to place on record before this Court, the extent of amount due from the borrowers, as per the calculation made by the bank, after recovering amounts from sale of toor dar.
4. Accordingly, the interim order dated 25/05/2018 passed by this Court is vacated and the said bank is permitted to auction the toor dal mortgaged by the borrowers (petitioners). The said exercise be carried out by the Bank within a period of three weeks from today and the Statement of Account on that basis be placed before this Court before the next date of hearing.
5. List these petitions for further hearing on 28/02/2019.
JUDGE KHUNTE ::: Uploaded on - 02/02/2019 ::: Downloaded on - 02/02/2019 23:11:18 :::