M/S. Reshma International, Prop. And ANR. v. Sanjay Benke And ANR.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10023 OF 2018 M/s. Reshma International ... Petitioner Vs Sanjay Benke, Recovery Officer & Anr.

... Respondents ...

Mr. Prashant J. Pandit with Neeta Parikh for the Petitioner. Mr. Naved Chaudhary with Asha Bhuta I/by Bhuta & Associte for the Respondent NO.1.

Mr. A.P.Vanarase, AGP for R.No.2.

CORAM : K. K. TATED & SANDEEP K. SHINDE JJ.

DATE : 5 SEPTEMBERS, 2018 P.C. :

Heard learned counsel for Parties.

Learned counsel Mr. Pandit appearing on behalf of the Petitioner submits that demand notice issued by the Respondent-Bank dated 12.7.2018 under Section 156 of the Maharashtra Co-operative Societies Act, 1960 read with Rule 107 of the Maharashtra Cooperative Societies Rules, 1961 itself is defective. He submits that Respondent-Bank has not calculated the amount due and payable correctly.

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At this stage, the learned counsel Mr. Naved Chaudhary appearing on behalf of the Respondent-Bank submits that they may be permitted to withdraw notice dated 12.7.2018 with liberty to issue a fresh for same cause of action after giving proper calculation of balance amount and interest thereon. To that effect, advocate for the Respondent-Bank has filed affidavit dated 5.9.2018 duly affirmed by Vijaykumar R. Shimpi, Special Recovery Officer, National Cooperative Bank Limited. Same is taken on record. To that effect, he has given in writing. Same is taken on record and marked 'X' for Identification.

At this stage, the learned counsel Mr. Pandit appearing on behalf of the Petitioner submits that in view of affidavit dated 5.9.2018 filed by the Respondent-Bank, they may be permitted to withdraw the present Writ Petition with liberty to file a fresh petition for similar cause of action if fresh demand notice is issued by the Respondent-Bank. He further submits that all contentions of the Petitioner including about limitation be kept open. Shivgan 2/3

Hence, all contentions of both the parties are kept open. Writ Petition stands dismissed as withdrawn with liberty as prayed.

(SANDEEP K. SHINDE, J.) (K. K. TATED, J.) Digitally signed by Shambhavi Nilesh Shivgan Date:

2018.09.11 14:50:34 +0530 Shambhavi Nilesh Shivgan Shivgan 3/3