Dhananjay Wamanrao Kadam v. Chief Executive Officer Shivkrupa Sahakari Patpedhi Ltd And ORS

Pallavi Wargaonkar, PS 43-ASWP-18989-2024.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.18989 OF 2024 Dhananjay Wamanrao Kadam ....Petitioner

Versus

Chief Executive Officer, Shivkrupa Sahakari Patpedhi Ltd. and Ors.

....Respondents Mr. Dhananjayrao D. Rananaware, for the Petitioner. Mr. Bhupesh V. Samant a/w Tushar M. Pabale, for the Respondent No.1.

Mr. P.P. Kakade, Addl. G.P. a/w Ms. Kavita N. Solunke, AGP for Respondent Nos.2 and 3.

CORAM : SHIVKUMAR DIGE & ADVAIT M. SETHNA, JJ.

DATE : 24th DECEMBER 2024 (Vacation Court) P.C. :

1.

Heard learned counsel for the Petitioner and learned counsel for the Respondents.

2.

The learned counsel for the Petitioner submits that the Petitioner would deposit Rs.10 Lakhs within four weeks before the Respondent No.1 - Co-operative Credit Society. 1/2

Pallavi Wargaonkar, PS 43-ASWP-18989-2024.doc 3.

The learned counsel for the Respondent No.1 submits that total outstanding against the Petitioner is around Rs.24,92,000/-. The Petitioner has obtained a loan from the Respondent No.1 in the year 2016. Since then he has not paid regular installment of the loan. 3.

The learned counsel for the Petitioner submitted that the amount deposited by the Petitioner shall not be deducted as a part of interest till the decision of the application of one-time settlement. 4.

We make it clear that if the petitioner fails to deposit the amount of Rs. 10,00,000/- as agreed, the Respondent No.1 can take action against the Petitioner as per the impugned notice. 5.

Till then, the impugned notice dated 26 November 2024 is stayed.

(ADVAIT M. SETHNA , J.) (SHIVKUMAR DIGE, J.) by PALLAVI MAHENDRA WARGAONKAR Date:

2024.12.24 20:30:31 +0530 PALLAVI MAHENDRA WARGAONKAR 2/2