Mr. Prakash Yeshwant Kamthe v. Shivajirao Bhonsale Co-Operative Bank Ltd. And ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10434 OF 2023 Mr. Prakash Yeshwant Kamthe ...
Petitioners.
V/S.
Shivajirao Bhonsale CoOperative Bank Ltd. And Ors ...
Respondents.
WITH WRIT PETITION NO. 8724 OF 2023 K Shanti Seeds And Pesticides Co And Ors ...
Petitioners.
V/S.
Shivajirao Bhonsale CoOperative Bank Ltd. And Ors ...
Respondents.
WITH WRIT PETITION NO. 8726 OF 2023 Vivaswan Agri Tech Pvt. Ltd And Anr ...
Petitioners.
V/S.
Shivajirao Bhonsale CoOperative Bank Ltd. And Ors ...
Respondents.
JYOTI RAJESH MANE WITH WRIT PETITION NO. 9502 OF 2023 Vivaswan Agri Tech Pvt. Ltd And Anr ...
Petitioners.
V/S.
Shivajirao Bhonsale CoOperative Bank Ltd. And Ors ...
Respondents.
JYOTI RAJESH MANE Date: 2023.09.01 12:44:57 +0530 1/3
WITH WRIT PETITION NO. 9501 OF 2023 M/S K. Shanti Seeds And Pesticides Company And Anr ...
Petitioners.
V/S.
Shivajirao Bhonsale CoOperative Bank Ltd. And Ors ...
Respondents.
.......
Ms.Saima Ansari for the Petitioner in All Petitions. Mr.Sarang S.Aradhya a/w. Adv. Gauri Velankar and Mr.Shantanu Gurav and Adv. Shruti Kothavade for the Respondents No.1. Mr.S.H.Kankal, AGP for Respondents Nos. 5 to 9. .......
CORAM : NITIN JAMDAR, AND MANJUSHA DESHPANDE, JJ.
DATE : 30 August 2023.
P.C. :
These Writ Petitions seek to question the steps taken by the Respondent/Bank for recovery of loan from the Petitioner, through auction process and also the steps taken by the Revenue Authorities pursuant to the auction.
The learned counsel for the Respondent/Bank points out that under Rule 107 of Maharashtra Co-operative Societies Act, an elaborate procedure, is laid down in respect of the auction, which at 2/3
various stages gives opportunity to the borrower to make a grievance regarding the auction proceedings. The learned counsel for the Respondent/Bank further points out that as against the recovery certificate also, there are statutory remedies available in law, . Since, these alternate remedies are available to the Petitioners, were are not inclined to interfere. Keeping all contentions open, the Writ Petitions are disposed of. (MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.) 3/3