Krishnan Gopala Vishwanath v. Maratha Sahakari Bank Ltd And 10 ORS

wpl1853-16.doc sg

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1853 OF 2016 Mr. Krishnan Gopala Vishwanath

...Petitioner

vs Maratha Sahakari Bank Ltd. & Ors.

...Respondents

.....

Mr. Nigel Quraishy, for the Petitioner.

Mr. K.S. Dewal, i/b. J.M. Joshi, for Respondent No.1. Mr. Bhalchandra Raut (Special Recovery Officer) present. Ms. Madhubala Kajle, AGP, for Respondent No.11. ......

CORAM : S.C. GUPTE, J.

DATED: JULY 18, 2016 P.C. :

.

This petition challenges a recovery certificate issued against the Petitioner for dues payable to the first Respondent Bank. Since there is a remedy for the first Respondent Bank under the Maharashtra Co-operative Societies Act and also there is a pending application by the Petitioner before the Co-operative Court under Section 91 of the Maharashtra Co-operative Societies Act, namely, Dispute Application No. 54 of 2014, where the Petitioner may seek appropriate interim reliefs, learned Counsel for the Petitioner seeks leave to withdraw the petition with liberty to file a revision under Section 154 of the Maharashtra Cooperative Societies Act and also to seek appropriate interim orders in the Pg 1 of 2

wpl1853-16.doc dispute application referred to above. Petition dismissed as withdrawn with liberty as prayed. In the meantime, learned Counsel for the first Respondent Bank, on instructions from Mr. Bhalchandra Raut, Special Recovery Officer, states that no coercive steps shall be taken in pursuance of the recovery certificates for a period of three weeks. It is made clear that any revision application under Section 154 or interim application under Section 91, as the case may be, shall be decided on its own merits and without being influenced by the statement made by the first Respondent Bank as noted above. All contentions of the parties on merits are kept open.

( S.C. GUPTE, J. ) Pg 2 of 2