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Bombay High CourtWP/55/2020disposed off

Duriya S Husen v. The Bhusaval Peoples Co Operative Bank Ltd And Another

2025-10-03Hon'Ble Shri Justice R. M. Joshi2 pages

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IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 6 OF 2020 WITH WRIT PETITION NO. 56 OF 2020 WITH WRIT PETITION NO. 55 OF 2020 WITH WRIT PETITION NO. 130 OF 2020 WITH WRIT PETITION NO. 131 OF 2020 Shalini Ganesh Bhole ....Petitioner

VERSUS

The Bhusaval Peoples Co Operative Bank Ltd & another .....Respondents Mr. D. B. Shinde, Advocate for the Petitioner. Mr. S. G. Sangle, Addl. G.P. for the State.

Mr. D. B. Thoke, Advocate for Respondent No. 1. CORAM : R. M. JOSHI, J.

DATE : 3rd OCTOBER, 2025.

PER COURT :

1.

These Petitions take exception to the order dated 02.04.2019 passed by the District Deputy Registrar Cooperative Societies, Jalgaon refusing leave to join the Liquidator as party to the proceeding before the Consumer Court, Jalgaon. 2.

Learned counsel for Petitioners has drawn attention of the Court to the order dated 08.07.2014 passed in Writ Petition No. 4741/2012 in connection with the same bank wherein leave was granted to one of the depositors to prosecute legal remedy wherein

- 2 - wp6.20.odt the Liquidator of the Respondent/bank would be party Respondent. It is his contention that this order has not been challenged and thus holds the field. It is his submission that there cannot be any different order in respect of another Liquidator of the same bank. 3.

Learned counsel for the contesting Respondent though opposed the Petitions, there is nothing brought on record to indicate that order dated 08.07.2014 has been challenged before the Hon'ble Supreme Court.

4.

There is no dispute about the fact that the Petitioners are the depositors of the Respondent/bank. There cannot be leave granted to one depositor and refused to another to prosecute legal remedy against the Liquidator of the Bank. Considering the order passed by this Court in Writ Petition No. 4741/2012 dated 08.07.2014, on the ground of parity, Petitions are allowed. Petitioners are granted permission to prosecute legal remedy wherein the Liquidator of Respondent/Bank would be a party Respondent. Petitions stand allowed in aforestated terms. ( R. M. JOSHI) Judge dyb