Chanchala Chotalal Solanki v. Shankar Balshiram Kachale And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13276 OF 2022 Chanchala Chotalal Solanki ....Petitioner V/S Shankar Balashiram Kachale & Ors.

....Respondents WITH WRIT PETITION NO.5578 OF 2025 Chanchala Chotalal Solanki ....Petitioner V/S Shankar Balashiram Kachale & Ors.

....Respondents _________ Mr. Gaurav A. Tejwani a/w Mr. Sahil A. Tejwani i/b M/s. AKT Legal Law Firm for the Petitioner in both Petitions. Ms. Aloka A. Nadkarni, AGP for Respondent No.4/State in WP 13276 of 2022.

Mr. Ketan Joshi, 'B' Panel for Respondent No.4/State in WP 5578 of 2025.

__________ CORAM: SANDEEP V. MARNE, J.

DATE : 29 APRIL 2025.

P.C.:

1.

Writ Petition No.5578 of 2025 does not pertain to the assignment of this Court. Petitioner to take steps for clubbing Writ Petition No.5578 of 2025 with Writ Petition No.13276 of 2022.

1 of

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It appears that in both the Petitions the liability of the Petitioner towards the Respondent- Credit Society as on the date of issuance of certificates dated 20 August 2020 under Section 101 of the Maharashtra Co-operative Societies Act, 1960 was roughly to the tune of Rs.21,83,166/-. Considering the fact that interest at the rate of 13.75% has been awarded on principal amounts of Rs.5,12,000/- and Rs.2,45,500/-, the total amount due from the Petitioner is likely to exceed Rs.30,00,000/-. It appears that the Petitioner has not deposited any amount with the Respondent-Credit Society after availing the loan. There is allegation of the gold pledged by the Petitioner being counterfeit. 3.

The learned counsel appearing for Petitioner, on taking instructions, makes a statement that during the course of the day Petitioner shall deposit an amount of Rs.5,00,000/- with the Respondent-Credit Society. He would further submit that further amount of Rs.15,00,000/- shall be deposited with Respondent-Credit Society on or before 31 May 2025. Statement is accepted.

4.

Subject to the deposits being made, no precipitative action shall be taken based on order dated 16 April 2025 towards execution of the recovery certificates.

5.

Issue notice to Respondent Nos.1 and 2, returnable on 23 June 2025. In addition to Court notice, Petitioner to serve 2 of

k 3/3 904 905 wp 13276.22 + 1 as.doc Respondent Nos.1 and 2 by private service. The learned AGP waives service on behalf of Respondent Nos.3 and 4/State. (SANDEEP V. MARNE, J.) by SUDARSHAN RAJALINGAM KATKAM Date:

2025.04.29 15:37:00 +0530 SUDARSHAN RAJALINGAM KATKAM 3 of