Dilip Jawaharlal Varyani v. Ld. Divisional Joint Registrar Cooperative Societies And ORS

927-WP-9531-23.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL WRIT PETITION NO. 9531 OF 2023 Dilip Jawaharlal Varyani

...Petitioner

Versus

Ld. Divisional Joint Registrar Co-operative Societies, Pune Division, Pune and ors.

...Respondents

.........

Mr. Manoj Patil for the Petitioner.

Ms. V. S. Nimbalkar, AGP for the State- Respondent Nos. 1 & 2. Mr. Sidheshwar Biradar for Respondent No. 3.

.........

CORAM : N.R. BORKAR, J.

DATED : 4 AUGUST 2023 P.C. :- The petitioner had obtained loan from respondent No. 3- the Seva Vikas Co-operative Bank Mydt. As the petitioner defaulted in paying the said load, the respondent No. 3 instituted proceedings under Section 101 of the Maharashtra Co-operative Societies Act, 1960 for recovery of the said loan amount.

2.

It appears that during pendency of the said proceeding Liquidator came to be appointed on the respondent No. 3- Bank. 3.

According to the petitioner, in view of the appointment of Liquidator, the respondent No. 3- Bank is not entitled to prosecute the MJ Jadhav 1 / 2

927-WP-9531-23.odt proceedings in question.

4.

The learned counsel for the petitioner in support of his submission has relied upon the judgment of this Court in the case of Al-can Exports Pvt. Ltd. Vs. State of Maharashtra1.

5.

I have perused the impugned order. It appears from the impugned order that it is the Liquidator only, who is prosecuting the proceedings in question. In that view of the matter, I am not inclined to entertain the present petition. The Petition is dismissed.

( N.R. BORKAR, J. ) 2008(2) Mh.L.J. 250 MJ Jadhav 2 / 2