Harshawardhan Dhananjaya Shelke v. Pohegaon Nagari Sahakari Path Sanstha Ltd., Thr Its Manager And Others
2025:BHC-AUG:27971
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 904 WRIT PETITION NO.10634 OF 2025 NAKSHATRA DHANANJAYA SHELKE
VERSUS
POHEGAON NAGARI SAHAKARI PATH SANSTHA LTD., THR ITS MANAGER AND OTHERS ...
Advocate for the petitioner : Mr.V.S.Kadam Advocate for Respondent no.1 : Mr.N.N.Bhagwat ...
AND 905 WRIT PETITION NO. 10644 OF 2025 ROHINI DHANANJAYA SHELKE
VERSUS
POHEGAON NAGARI SAHAKARI PATH SANSTHA LTD., THR ITS MANAGER AND OTHERS ...
Advocate for the Petitioner : Mr.V.S.Kadam Advocate for Respondent no.1 : Mr.N.N.Bhagwat ...
AND 906 WRIT PETITION NO. 10679 OF 2025 CHAYABAI DATTATRAYA SHELKE
VERSUS
POHEGAON NAGARI SAHAKARI PATH SANSTHA LTD., THR ITS MANAGER AND OTHERS ...
Advocate for the Petitioner : Mr.V.S.Kadam Advocate for Respondent no.1 : Mr.N.N.Bhagwat ...
AND 907 WRIT PETITION NO. 10683 OF 2025
HARSHAWARDHAN DHANANJAYA SHELKE
VERSUS
POHEGAON NAGARI SAHAKARI PATH SANSTHA LTD., THR ITS MANAGER AND OTHERS ...
Advocate for the Petitioner : Mr.V.S.Kadam Advocate for Respondent no.1 : Mr.N.N.Bhagwat ...
AND 908 WRIT PETITION NO. 10685 OF 2025 DHANANJAYA DATTATRAYA SHELKE
VERSUS
POHEGAON NAGARI SAHAKARI PATH SANSTHA LTD., THR ITS MANAGER AND OTHERS ...
Advocate for the Petitioner : Mr.V.S.Kadam Advocate for Respondent no.1 : Mr.N.N.Bhagwat ...
CORAM : ARUN R. PEDNEKER, J.
DATE : 03.10.2025 P.C. :
1] By the present writ petitions, the petitioners challenge the order passed by the Co-operative Court in Dispute, which is confirmed by the Co-operative Appellate Court, Mumbai, Bench at Aurangabad in Appeal from Order. The petitioners seek injunction restraining the respondent nos. 1 to 3 and dealing with the property in any manner and disturbing the peaceful possession of the
petitioners in land Survey No.67/1 and 68/3 situated at Shirdi and also proceedings initiated under Section 101 of the Maharashtra Co-operative Societies Act filed before the Assistant Registrar, Co-operative Societies, Kopargaon. Thus, the petitioners in effect seeking stay to the proceedings initiated under Section 101 of the Maharashtra Co-operative Societies Act.
2] The learned counsel for the petitioners submits that the petitioners have taken partial loan from the Bank and the petitioners have disputed the transaction of loan amount as well as for charging exorbitant penal interest and for not maintaining the loan account properly, by the respondent Bank.
3] The learned counsel for the respondent no.1 submits that undisputedly the loans are given to the petitioners and the petitioners are bound to repay the same. 4] If there are complicated issues involved in the matters as contended by the petitioners, they may raise all
their defences before the authorities concerned in the proceedings initiated under Section 101 of the Maharashtra Co-operative Societies Act. The Authorities constituted would decide the proceedings on its own merits without being influenced by any observations of this Court or the Co-operative Court.
5] The Writ Petitions are disposed of with above observations. All contentions of the parties are kept open. [ARUN R. PEDNEKER] JUDGE DDC