The Hooseini Co Op Credit Soc Ltd v. The State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BEFORE THE NATIONAL LOK ADALAT CRIMINAL APPELLATE JURISDICTION CRIMINAL APPEAL NO. 969 OF 2014 The Hooseini Co op Credit Soc Ltd.

...Appellant

Versus

The State of Maharashtra & Anr.

...Respondents

Mr Sayed Salim Hasan, party-in-person for the appellant. Mr H. J. Dedhia, AGP, for the Respondent No.1-State. None for the Respondent No.2.

CORAM :

Neela Gokhale, J.

Arland M.I., Registrar (F & B), Member D.M. Mata, Deputy Registrar (Legal & Research), Member DATED : 30th April 2023 PC:- 1.

Mr. Sayed Salim Hasan, legal officer and authorized representative of the appellant-society is present. He tendered a true copy of the Resolution of the society, authorizing him to appear before the Lok Adalat today. He has also placed on record the account statements for the relevant period from 13th October, 2010 to 29th April, 2023.

SA Pathan 1/3

2.

Shri H. J. Dedhia, learned AGP appears for the respondent No.1-State. Respondent No.2 is not present nor represented before us today.

3.

The Special Recovery Officer (SRO) who appears before us for the appellant-society, he further states that the society had obtained recovery certificate under Section 101 of the Maharashtra Co-operative Societies Act, 1960. The society is to take appropriate steps in pursuant of the said recovery certificate. Further, respondent No.2 in the meantime repaid the said amount and no enforcement of the recovery certificate is deemed necessary. In the circumstances, the amount stands recovered. The society representative also placed before us the judgment dated 18th February, 2014, the judgment clearly indicates that the respondent No.2 - accused has been acquitted. The statements of account and the judgment are taken on record and marked 'X1' 'X2' 'X3' respectively for identification. The SRO of appellant has filed his identity cards on record, it is marked 'X4' 'X5' respectively for identification. The representative of the appellant SA Pathan 2/3

states that the entire amount has been recovered and nothing survive in the present matter.

4.

The Appeal stands disposed of as settled/withdrawn. 5.

Court fee refund be made as per Rules.

6.

Record and proceedings be sent back.

7.

In view of withdrawal of the appeal, pending applications, also stand disposed of.

(D.M. Mata) Deputy Registrar (Legal & Research), Member (Arland M.I.) Registrar (F & B), Member (Neela Gokhale, J) Head of the Panel SA Pathan 3/3