The Beed District Central Cooperative Bank Ltd Thr Its Chairman And Others v. Priyadarshani Mahila Nagari Sahakari Bank Ltd Thr Its Chief Executive Officer

2025:BHC-AUG:6305 {1} drp

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD CIVIL APPLICATION NO. 2607 OF 2025 WITH WRIT PETITION NO.4670 OF 2020 The Beed District Central Co-operative Bank Ltd., Through its Chairman and Others PETITIONERS

VERSUS

Priyadarshani Mahila Nagari Sahakari Bank Ltd., Through its Chief Executive Officer RESPONDENT .......

Mr. D. J. Choudhary, Advocate for the Petitioners .......

[CORAM : MANJUSHA DESHPANDE, J.] DATE : 5 th MARCH, 2025 ORDER :

1.

Order dated 15th October, 2016 passed by Co-operative Court in Dispute No. 325 of 2015 and order dated 15th September, 2018 passed by Co-operative Appellate Court in Appeal No. 6 of 2017 are challenged by the Petitioners. 2.

It is the contention of the Petitioners that the dispute filed by the Respondent has been allowed by the Co-operative Court and the Petitioners are directed to pay an amount of Rs.15,71,86, 658/- with interest @ 16% till realization of the amount. Petitioners challenged the said order before Co-operative Appellate Court by filing Appeal No. 6 of 2017, which came to be

{2} dismissed. Therefore, the Petitioners are before this Court. 3.

Civil Application No. 2607 of 2025 has been filed seeking amendment to the Writ Petition, in view of subsequent developments, which the Petitioners want to bring on record. Since notice is yet to be issued in the Writ Petition, the Civil Application seeking amendment is allowed. Necessary amendment to be carried out within a period of one week. 4.

Learned Advocate for the Petitioners submits that the Petitioners have already deposited an amount of Rs.18,89,40,165/-, which is acknowledged by the President of the Administrative Committee of the Respondent Bank and District Collector, Beed. The Collector had directed to prepare report about the deposits made by the Petitioners and accordingly, the report is submitted, which is approved by the Collector. 5.

Learned Advocate for the Petitioners submits that in spite of deposit of an amount of Rs.18,89,40,165/- recovery warrant has been issued against the Petitioner on 21st September, 2024 and there is likelihood of order of attachment against the Bank and hence, he seeks stay to the order dated 21st September, 2024.

5.

Issue notice in the Writ Petition to the Respondents,

{3} returnable on 2nd April, 2025.

6.

Since the Petitioners have already deposited an amount of Rs.18,89,40,165/- protection needs to be granted to the Petitioners. Therefore, in the meanwhile, there shall be ad interim relief in terms of prayer clause "F". [ MANJUSHA DESHPANDE ] JUDGE drp/ca2607-25.doc