Shri. Nirmal Purshottam Bhatia v. The Konark Uban Co-Operative Bank And ORS

1 501.8077.19 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8077 OF 2019 Shri. Nirmal Purshottam Bhatia .....Petitioner V/s.

The Konark Urban Co-operative Bank and .....Respondents others Ms. Kranti S. S. Anand for the Petitioner Mr. C. D. Mali AGP for the State CORAM :

NITIN W. SAMBRE, J.

DATE :

JULY 22, 2019.

P.C.

Not on board. Mentioned. Taken on board.

Apart from the fact that petition is preferred against an interlocutory order, during pendency of recovery proceedings under Section 101 of the Maharashtra Co-operative Societies Act, 1960 ('the Act' for short), the issue canvassed is non-availability of documents/inspection of the record of the bank. Appreciation of the said submission can be very much gone into by the Assistant

2 501.8077.19 wp.doc Registrar, as the proceedings before the Assistant Registrar under Section 101 of the Act contemplates an opportunity to the affected parties. Petitioner before this Court has already appeared before Assistant Registrar and has raised his objection to that effect. As the petitioner has every right to question the adverse final order, in case if passed against his interest pursuant to the provisions of Section 101 of the Act, in a Revision, and the issue raised can be very much raised in the form of legal ground in the said Revision, in my opinion, no case for interference is made out. Petition fails, stands dismissed.

[NITIN W. SAMBRE, J.]