Ashok Parvatrao Desal. v. Ashok Sahakari Sakhar Karkhana Ltd And ANR

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.38 OF 1992 WITH CIVIL APPLICATION NOS. 111 OF 1996, 7983 OF 2012 AND 12256 OF 2017 Ashok Parvatrao Desai (died) through LR's Rubhiraj @ Randiraj Ashok Desai, Age-Major, Occu-Business, R/o S-4, Maheshwari App.

10th Cross, Bhagyanagar, Belgaon (Karnataka) -- PETITIONER

VERSUS

1. Ashok Sahakari Sakhar Karkhana Ltd., Ashoknagar, Post.Kanegaon, Taluka : Shrirampur, Dist.Ahmednagar

2. Maharashtra State Co-operative Land Development Bank Ltd., District Branch at Ahmednagar -- RESPONDENTS Mr.P.R.Patil with Mr.I.A.Chandorikar, Advocate for the petitioner. Mr.R.R.Karpe, Advocate for respondent No.1.

( CORAM : Ravindra V.Ghuge, J.) DATE : 27/09/2018 ORAL JUDGMENT :

1.

By this petition, the original respondent in the dispute before the Co-operative Court has put forth prayer clause B as under :-

"Quash and set aside the order passed by the Maharashtra State Co-operative Appellate Court, Bench at Aurangabad in Appeal No.182/1990 to the extent of deposit of the amount of Rs.1,50,000/- by the petitioner with the respondent No.1Karkhana." 2.

Based on prayer clause B, an interim relief is prayed for by the petitioner. By order dated 15/01/1992, the impugned order of the Appellate Court was suspended. By order dated 19/08/1992, the ad-interim protection was vacated and the petition has been admitted.

3.

By an order passed on 04/02/2004 on CA No.4028/2003, the execution proceedings pending before the Executing Court for seeking the execution of the decree, was permitted to proceed in accordance with Law.

4.

By order dated 18/05/2012, the petitioner was directed to deposit an amount of Rs.1,50,000/- passed in CA No.5918/2012. 5.

Considering the above, it is obvious that the petitioner is aggrieved by the impugned order of the Appellate Co-operative Court dated 19/09/1991, only to the extent of the imposition of the

condition of deposit of Rs.1,50,000/-. This amount having been already deposited and since this petition is pending for 26 years with no challenge to the order of remanding the dispute proceedings to the Co-operative Court for final adjudication, I am of the view that this petition is rendered infructuous and I am not required to go into the rival contentions of the parties.

6.

This petition is, therefore, disposed of. Rule is discharged. The amount of Rs.1,50,000/- deposited by the petitioner in this Court on 14/06/2012 shall be transferred by the Registry of this Court alongwith accrued interest to the Co-operative Court at Shrirampur forthwith and the said amount shall be invested by the Co-operative Court in a Nationalized Bank having a branch at Shrirampur for an initial period of 9 months.

7.

The Co-operative shall decide Case No.SR/ABD/323/1985 on or before 28/02/2019. No extension of time shall be sought by the learned Judge of the Co-operative Court keeping in view that the dispute is pending for 33 years.

8.

The litigating sides shall appear before the Co-operative Court, Shrirampur on 12/10/2018. Formal notices need not be issued.

They shall extend their co-operation to the Co-operative Court for the disposal of the dispute within the time frame and shall not seek adjournment on unreasonable and trivial grounds. The Co-operative Court would be at liberty to refuse adjournments. 9.

Considering the above, pending civil applications do not survive and stand disposed of.

( Ravindra V.Ghuge, J.) Kranti Hansraj Shekatkar by Kranti Hansraj Shekatkar Date: 2018.09.29 10:15:20 +0530