The Veershaiva Co-Operative Bank Ltd. And ANR. v. Rajeev R. Dube

905-CAW-16-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 16 OF 2024.

IN WRIT PETITION NO. 9610 OF 2015.

WITH CIVIL APPLICATION NO. 18 OF 2024.

IN WRIT PETITION NO. 9612 OF 2015.

WITH CIVIL APPLICATION NO. 20 OF 2024.

IN WRIT PETITION NO. 9614 OF 2015.

WITH CIVIL APPLICATION NO. 17 OF 2024.

IN WRIT PETITION NO. 9611 OF 2015.

WITH CIVIL APPLICATION NO. 19 OF 2024.

IN WRIT PETITION NO. 9613 OF 2015.

The Veershaiva Co-Operative Bank Ltd. And Anr. ...Applicants

IN THE MATTER BETWEEN

Rajeev R. Dube ... Petitioner.

Versus

Digitally signed by TALLE SHUBHAM ASHOKRAO Date:

2024.12.14 13:07:23 +0530 The State of Maharashtra & ors.

...Respondents.

TALLE SHUBHAM ASHOKRAO ------ Mr. Anjani Kumar Singh i/by M/s. Lex Remedeum for the Respondents/Orig Petitioner.

Ms. V. S. Nimbalkar AGP for the Respondent-State. Dr. D. S. Thorat a/w Jamsandekar Deepak Pundlik for the Respondent Nos. 2 to 4.

Coram : Sharmila U. Deshmukh, J.

Date : December 12, 2024.

Shubham Talle 1 of

905-CAW-16-2024.doc P. C. :

1.

Civil Applications have been preferred for a direction to dispose of the Petition on the ground of non compliance of the order passed by this Court dated 2nd December, 2015. 2.

The Application pleads that by order of 2nd December 2015, the Petitioner was directed to deposit 50% of the amount aggregating to Rs. 45 lakhs in all the matters and as there is failure to comply with the same, the Petition be disposed of.

3.

Upon perusal of the order of 2nd December 2015, it is clear that there is no order of deposit of the amount. On the contrary considering the alternate remedy this Court has held that in the peculiar facts and circumstances of the case even the alternate remedy is not efficacious.

4.

In absence of any direction for deposit of the amount the Civil Applications are misconceived and stand dismissed. 5.

Writ Petitions are already admitted. To come up for final hearing as per its own turn.

[Sharmila U. Deshmukh, J.] Shubham Talle 2 of