Ramesh Dayabhai Patel v. Office Of The Recovery Officer

20 WP 1707.24.doc Dusane

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1707 OF 2024 Ramesh Dayabhai Patel & Anr.

...Petitioners

V/s.

NKGSB Co-operative Bank Ltd. & Ors.

...Respondents

Mr. Vishal Pattabiraman i/by Mr. Surendra Yadav for Petitioner. Mr. Anshul Anjarlekar, Advocate for Respondents. CORAM :

MADHAV J. JAMDAR, J.

DATE :

31st July 2024 P.C.:

1.

Mr. Anshul Anjarlekar, learned Counsel for the Respondent No.2 states that the Petitioner has repaid the entire loan amount to the Bank as per the O.T.S. proposal approved by the Bank and accordingly, "No Dues Certificate" has been issued by the Bank.

2.

As the entire loan amount has been repaid in terms of the O.T.S. proposal and as the Respondent No.2- Bank has issued "No Dues Certificate" dated 4th July 2024, the Order dated 8th August 2023 passed by the Recovery Officer, authorised under Section 97 of the Multi State Co-operative Societies Act, 2002 (Exhibit "A" to the Writ Petition) is quashed and set aside. 1/2

20 WP 1707.24.doc 3.

Accordingly the Writ Petition is disposed of in above terms with no order as to costs.

(MADHAV J. JAMDAR, J.) 2/2