Mahendra Bhaskarrao Sonawane v. The Nashik District Industrial And Mercantile Co-Operative Bank Ltd. And ORS.

(514)WPNo.52382017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITIION NO.5238 OF 2017 Mahendra Bhaskarrao Sonawane ...

Petitioner V/s.

The Nashik District Industrial and Mercantile Co-operative Bank Ltd. & Ors.

...

Respondents .....

Mr.Ketan Joshi i/b. ERGO Juris, Advocate for the Petitioner. Mr.S.R.Nagolkar with Mr.Lendel Coutinho, Advocate for the Respondent No.1.

Mr.S.B.Kalel, AGP for Respondent Nos.2 and 3. ....

CORAM :

SHANTANU S. KEMKAR & A. M. BADAR JJ.

DATED :

2nd May 2017 P.C.

Not on board. Taken on Production Board.

Parties through their counsel.

Challenging Rule 24 of the Election Rules framed by respondent No.1 Bank, the petitioner, who claims to be a guarantor/defaulter of another co-operative Bank has filed this petition.

Learned counsel for the respondent No.1 submits that Rule 24, which has been challenged by the petitioner, is on the Gaikwad RD 1/2

(514)WPNo.52382017 misconception that the said Rule curtails the guarantor's right like the petitioner to contest the election as Rule 24 relates to the defaulter/guarantors of the respondent No.1 bank only. In view of the aforesaid stand being taken by the respondent No.1, we dispose of this petition. (A. M. BADAR J.) (SHANTANU S. KEMKAR J.) Gaikwad RD 2/2