Atul Prakash Torde And Another v. Pandit Dindayal Upadhyay Nagari Sahakari Patsanstha Shahada Through Its Manager

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 903 WRIT PETITION NO.263 OF 2020 Atul S/o Prakash Torde, Age: 46 years, Occu: nil, R/o Shahada, Tq. Shahada, Dist. Nandurbar Prakash Prasad Torde, Age: 72 years, Occu: nil R/o As above.

Petitioners versus Pandit Dindayal Upadhyay Nagari Sahakari Patsanstha, Shahada, Tq. Shahada, Dist. Nandurbar Through It's Manager, Shri Sanjay S/o Motilal Bafna Age: 40 Years, Occu: Service, R/o Shahada, Tq. Shahada, Dist. Nandurbar Respondent ...

Mr. Salunke Pradeep B.,Advocate for Petitioners Mr. Savale Amit S., Advocate for Respondent ...

CORAM: ROHIT BABAN DEO, J.

Date: JANUARY 10th, 2020 ...

ORAL JUDGMEN T Rule. Rule is made returnable forth with.

The limited grievance of the petitioner is that the Cooperative Court, while allowing Exhibit 26, which is an application, seeking temporary injunction restraining the nonapplicant society, from initiating recovery, was pleased to order the petitioner to deposit 50% of the decreetal amount which comes to Rs.5,25,808/-.

{2} The submission is that the dispute came to be decreed exprte by the Cooperative Court. The petitioner applied for restoration of the dispute and in such restoration proceeding, moved an application for temporary injunction. The learned counsel submits that considering that the application for restoration is pending, the direction to deposit 50% of the decreetal amount is onerous. The said order was unsuccessfully carried before the cooperative Appellate Court. The learned counsel for the society who has appeared on caveat is strongly opposing the petition. The learned counsel would submit that the petitioner is habitual defaulter. Submission is that the petitioner has also defaulted in repayment of loan obtained from other cooperative societies.

Considering that the Restoration application is pending and that if the application for restoration is allowed, the cooperative Court would be revisiting the issue of deposit of decreetal amount in whole or in part, I am satisfied that ends of justice would be served, if the order impugned is modified and instead of 50% of the decreetal amount, petitioner is directed to deposit 25% of the decreetal amount within seven days in the Cooperative Court.

It is made abundantly clear that if 25% of the decreetal amount is not deposited within seven days, this order shall stand revoked and the respondent bank shall be at liberty to forthwith

{3} execute the Judgment of the Cooperative Court. With this modification and direction, rule is made absolute. Petition is disposed of.

(ROHIT BABAN DEO, J) vbd