M/S Tatiya Industries Through Partner v. The Jalgaon Peoples Co Op Lbank Ltd Jalgaon Through Manager

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (1) LPA No.150/2012 909 LETTER PATENT APPEAL NO. 150 OF 2012 WITH CA/9561/2012 IN LPA/150/2012 M/s Tatiya Industries Through Partner, Suresh Anandraj Jain, Age 55 years, Occ: Business, r/o Tatia House, 04, Navipeth, Jalgaon.

...PETITIONER

VERSUS

The Jalgaon Peoples Co-operative Bank Ltd., 152, Polenpeth, Dana Bazar, Jalgaon, Through its Manager.

...RESPONDENT ...

Mr. Patil R.C.,. Advocate for Appellant Mr. A.V.Hon, h/f Shri V.D. Hon, Advocates for For R/sole ...

CORAM : R. M. BORDE & P.R. BORA, JJ.

Dated: June 09, 2015 ...

PER COURT :- 1.

The monetary benefit claimed by the appellant, on account of grant of rebate, has been denied by the Bank. As such, the appellant initiated proceedings before the Cooperative Court. At appellate stage, the Member of the Cooperative Appellate Court allowed the appeal presented by the Bank, and directed quashment of the orders passed by the Cooperative Court, extending benefits to the appellant. The order passed by the appellate court has been confirmed by the learned Single Judge dealing with Writ Petition No.3979/2011.

agp/-

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD (2) LPA No.150/2012 2.

Admittedly, the appellant has not complied with the two conditions specified in the circular for extending benefit of rebate and, as such, the appellant is dis-entitled to claim the benefits. We do not find any error in the order passed by the learned Single Judge, thereby confirming the order passed by the Cooperative appellate Court.

3.

The appeal is devoid of substance and hence stands dismissed. Pending Civil Application/s do not survive and stand disposed of.

( P.R. BORA, J. ) ( R. M. BORDE, J. ) ...

agp/-