Dayanand Dnyaneshwar Pokharkar And ANR v. M/S. Sadhana Sahakari Bank Ltd. Pune And ORS

2025:BHC-AS:31303-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4972 OF 2025 Dayanand Dnyaneshwar Pokharkar and anr.

..Petitioners vs.

M/s. Sadhana Sahakari Bank Ltd., Pune and ors.

..Respondents ------------ Adv. Yuvaraj Narvankar a/w Adv. Shivani Gautam, Adv. Drawfa i/b. Adv. Tanoj M. Joshi, for the Petitioners. Mr. N. C. Walimbe, Addl.G.P. a/w Mr. V. G. Badgujar, AGP, for the Respondent-State.

------------

CORAM

: M. S. KARNIK & N. R. BORKAR, JJ.

DATE : 25th JULY, 2025 P.C. :

1.

Heard learned counsel for the parties.

2.

Leave to amend to implead the District Deputy Registrar, Co-operative Societies as party Respondent. 3.

Amendment to be carried out forthwith.

4.

Mr. Walimbe, learned Additional Government Pleader appears for Respondent Nos.2, 3 and newly impleaded Respondent No.4.

5.

The Petitioners-borrowers had obtained loan from the Respondent No.1-M/s. Sadhana Sahakari Bank Ltd.,

Pune. The Petitioner defaulted in the payment of loan. It is the submission of learned counsel for the Petitioners that the Co-operative Department has issued G.R. dated 4th July 2024 regarding One Time Settlement scheme. Learned counsel for the Petitioners submits that the Petitioners are willing to avail the benefit of the said scheme and abide by the conditions laid down in the G.R. dated 4th July 2024, however, Respondent No.1-Bank is not considering the request of the Petitioners for One Time Settlement. 6.

During the course of hearing the learned counsel for the Petitioners has drawn our attention to the representation made by the Petitioners to the District Deputy Registrar, Co-operative Societies dated 27th January 2025. This Petition can be disposed of by directing the District Deputy Registrar, Co-operative Societies to look into and decide the representation dated 27th January 2025 at page 37 of the paper-book within a period of two weeks from 29th July 2025. The Petitioner to appear before the District Deputy Registrar, Co-operative Societies on 29th July 2025 at 11:00 a.m. along with a copy of this order.

7.

Without prejudice to the rights and contentions of the Respondent No.1, the Petitioners are willing to deposit a sum of Rs.50,00,000/- with the Bank within a period of one week from today. The statement is accepted as an undertaking to this Court.

8.

In view of the above statement for a period of three weeks from today the Respondent No.1-Bank not to proceed against the properties which are mentioned in paragraph II(a)(1) of the Writ Petition.

9.

This order be served on the Respondent No.1-Bank. It is open for the Respondent No.1 to appear before the Respondent No.4.

10.

All contentions are kept open.

11.

The Writ Petition is disposed of.

(N. R. BORKAR, J.) (M. S. KARNIK, J.) Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 28/07/2025 11:04:21