Amruta Organics Pvt. Ltd. Through His Director, Shri Vishnu Khatale v. The Chief Executive Officer, Godavari Urban Cooperative Bank Ltd., Nashik And ANR

RNG24-6336.16

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE CIVIL JURISDICTION WRIT PETITION NO.6336 OF 2016 Amruta Organics Pvt.Ltd .. Petitioner vs The Chief Executive Officer Godavari Urban Cooperative Bank Ltd .. Respondents Mr.Ram Upadhyay a/w Mr.Anil Pandey I.b Law Competere Consultants for Petitioner.

Mr.Anilkumar Paptil for Respondent No.1 Mr.N.C.Walimbe for Respondent no.2 CORAM: R.M.BORDE AND A.S.GADKARI, JJ DATE: 06 MARCH 2017 P.C.

1.

The Petitioner is praying for a declaration that the directions given by Respondent no.2 vide letter dated 7 November 2014 is valid, subsisting and binding upon the Respondent no.1. It is further prayed to direct the Respondents not to take coercive action for recovery till the Petition is finally decided. The claims recoverable from the Petitioner. towards the liability has been dealt with by the Assistant Registrar, Co-operative Societies on 16 September 2014 and the liability is arrived at Rs.1,18,47,484/-. Inspite of determination of the liability in the year 2014, the Petitioner has not deposited the 1/2

RNG24-6336.16 aforesaid amount with the Bank and is claiming that the Petitioner is not liable to pay interest on the aforesaid sum from the year 2014. The contentions raised by the Petitioner is not acceptable. 2.

However, we keep the option open for the Petitioner to avail of an alternate remedy available in law for redressal of his grievance.

3.

No interference is called for in the Petition. 4.

Writ Petition is devoid of merit and is rejected. (A.S.GADKARI, J) (R.M.BORDE, J) 2/2