Shraddha Energy And Infraprojects Pvt Thr Its Authorized Officer R.R.Nirwal v. The Osmanabad District Central Co Operative Bank Ltd., Thr Its Authorized Officer And Others

2026:BHC-AUG:7637

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 1006 WRIT PETITION NO. 10211 OF 2025 SHRADDHA ENERGY AND INFRAPROJECTS PVT THR ITS AUTHORIZED OFFICER R.R.NIRWAL

VERSUS

THE OSMANABAD DISTRICT CENTRAL CO OPERATIVE BANK LTD., THR ITS AUTHORIZED OFFICER AND OTHERS ...

Mr. M. V. Ghatge, Advocate for the Petitioner Mr. Ganesh Kedar, Advocate for Respondent No.1 CORAM : S. G. CHAPALGAONKAR, J.

DATED : 18th FEBRUARY, 2026 P. C. :- 1.

The present Writ Petition takes exception to order dated 04.03.2025 passed by Member, Maharashtra State Cooperative Appellate Court Mumbai Bench Aurangabad, below Exhibit 5 in Appeal No. 5 of 2025, whereby Petitioner's application seeking stay to execution of order impugned in appeal has been rejected.

2.

Mr. Ghatge, learned Advocate appearing for Petitioner, submits that impugned order has been passed without hearing the Petitioner. He would submit that although there is no stay to order impugned in appeal, till date execution of decree is not being pressed for. 1006 WP 10211.2025.odt

3.

A perusal of impugned order itself suggests that appeal has matured and is now taken up for hearing.

4.

In that view of matter, without going into contentions of Petitioner on merits, Writ Petition stands disposed of with directions to Maharashtra State Cooperative Appellate Court Mumbai Bench at Aurangabad, to endavour to decide appeal expeditiously and preferably within a period of four (04) weeks from today. 5.

Needless to state that since decision on stay application filed by petitioner is not on merits, in case appeal could not be decided within stipulated period and petitioner required to face execution, he shall be at liberty to reiterate prayer for stay before Appellate Court, which may be reconsidered on its own merit.

(S. G. CHAPALGAONKAR, J.) ssp 1006 WP 10211.2025.odt