Bombay Mercantile Co-Operative Bank Ltd Branch Nanded v. Ramanand Gangadharrao Hawa And Another

1 Cr. Appln. 857/2014

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD CRIMINAL APPLICATION NO. 857 OF 2014 Bombay Mercantile Co-operative Bank Ltd., Branch Nanded and anr.

.. Applicants (Orig. Complainant) Vs.

Ramanand Gangadharrao Hawa and anr.

.. Respondents ---- Mr. A.D. Kasliwal, Advocate for the applicants Mr. P.G. Rodge, Advocate for respondent no.1 Mr. S.P. Daund, A.P.P. for the respondent-State ---- CORAM : M.T. JOSHI, J.

DATE : 20/04/2015 ORAL ORDER :

1.

Heard both sides.

2.

Upon hearing both sides, it is found that in the dispute before the Co-operative Court, the order in favour of the present applicant-complainant is passed, which, prima facie, at this stage, would show that there is a legally recoverable debt. In that view of the matter, without making any comment on the merit of the case, since arguable case is made out, leave to file appeal is hereby granted.

3.

Criminal Application no.857 of 2014 is accordingly allowed and disposed of.

2 Cr. Appln. 857/2014 4.

Office to register the appeal as per due procedure of law.

5.

Upon registration of the appeal, the same stands admitted.

6.

Mr. P.G. Rodge waives notice for respondent no.1 upon admission of the appeal. Mr. Daund, learned A.P.P. waives notice for the respondent no.2-State. 7.

Since limited evidence is there on record, preparation of the paperbook is dispensed with. [M.T. JOSHI] JUDGE arp/