Chandrakant Rajaram Kale v. Shri Rukmini Sahkari Bank Ltd Through Its Branch Manager And Others

7-ca-136-2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 7 CIVIL APPLICATION NO. 136 OF 2025 IN WP/12363/2024 Chandrakant Rajaram Kale

VERSUS

Shri Rukmini Sahkari Bank Ltd Through Its Branch Manager And Others ...

Mr. Chandrakant K. Shinde, Advocate for Applicant Mr. B. B. Bhise, AGP, Advocate for Respondent Nos.2. Mr. T. C. Shinde, Advocate for R/3b In W.p.

Mr. P. S. Dighe, Advocate for Respondent No.1 in WP. ...

WITH WRIT PETITION NO. 12363 OF 2024 ...

CORAM :

ROHIT W. JOSHI, J.

DATE :

18th AUGUST, 2025 P.C.:

WRIT PETITION NO. 12363 OF 2024 :- 1.

The learned Counsel for the petitioner raises preliminary objection with respect to availability of alternate remedy under Section 154(2) of the Maharashtra co-operative Societies Act, 1960 ("MCS Act").

2.

The learned Counsel for the petitioner contends that the proceedings under Section 101 of the MCS Act were initiated despite the fact that the loan was duly insured. In order to show bonafide, petitioner is directed to deposit sum of Rs. 2,25,000/- which is near about 50% of the outstanding amount, with this Court on or before 08.09.2025.

3.

List the petition for further consideration on 10.09.2025. Narwade/

7-ca-136-2025.odt CIVIL APPLICATION NO. 136 OF 2025 :- 4.

Despite opposition by the learned Counsel for RespondentSociety, Civil Application for amendment of petition is allowed with leave to respondent-society to file affidavit in reply with respect to additional contentions to be incorporated in the petition. 5.

Civil Application is disposed of.

[ROHIT W. JOSHI J.] Narwade/