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Bombay High CourtWP/11294/2015dismissedrule discharged

Muktabai Gramin Bigarsheti Sah Patsanstha Maryadit Brahmani Dist A.Nagar Thr Secreary And ORS v. The Ahmednagar Dist Central Co Op Bank Ltd A.Nagar Thr Managing Directhr

2015-12-01Hon'Ble Shri Justice Nitin W. Sambre2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11294 OF 2015 Muktabai Gramin Bigarsheti Sahakari Patsanstha maryadit, Brahmani, Tq. Rahuri District Ahmednagar Through its Secretary & ors.

...Petitioners

versus The Ahmednagar District Central Co-operative Bank Ltd., Station Road, Ahmednagar, Through its Managing Director

...Respondent

.....

Mr. B. N. Palve, Advocate for petitioners .....

CORAM : N.W. SAMBRE, J.

DATE : 1st DECEMBER, 2015 ORAL ORDER :

The petitioners suffered the decree for recovery in Dispute No. 236/2003 by an order dated 25/08/2008, which order was further upheld in appeal bearing No. 09 of 2010, preferred before learned Maharashtra State Co-operative Appellate Court, Mumbai, Bench Aurangabad. The said appeal came to be dismissed on 10/03/2010. As such, present petition.

2.

Apart from unexplained delay of five years, the petitioners are unable to show their bonafide by depositing the entire amount as was ordered under the decree.

11294.15wp -23.

Since the petition suffered from delay and latches and inability of the petitioners to show bonafide by depositing the amount under the decree, the writ petition stands dismissed. [ N.W. SAMBRE, J. ] Tupe/01.12.15