The Recovery Officer, Shikshak Sahakari Bank Ltd., Nagpur And Another v. Mr. Pradeep Balchandra Polke And Another

21.cra.146.2025.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL REVISION APPLICATION NO.146 OF 2025 The Recovery Officer, Shikshak Sahakari Bank Ltd. Nagpur and another .Vs. Mr. Pradeep Balchandra Polke and another Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order Mr N.L. Jaiswal, Advocate for applicants.

CORAM : ROHIT W. JOSHI, J.

DATE : 04/12/2025 1.

Issue notice to the non-applicants, returnable on 19.12.2025.

2.

The applicants are directed to serve the non-applicants by speed post in addition to regular mode of service and file an affidavit of service before the next date. 3.

Humdast is allowed.

4.

The learned Advocate for the applicants states that a civil suit is filed against the defendant No.2 which is a registered cooperative society, without issuing mandatory notice as contemplated under Section 164 of the Maharashtra Cooperative Societies Act, 1960 and further that a revenue recovery certificate issued pursuant to an order passed under Section 101 of the Maharashtra Cooperative Societies Act, 1960 is challenged by way of filing civil suit. He contends that the jurisdiction of civil Court is barred in view of Section 101(3) of the Maharashtra Cooperative Societies, Act, 1960.

21.cra.146.2025.odt 5.

In view of the above, till the returnable date, proceedings before the learned 3rd Jt. Civil Judge Junior Judge, Nagpur, in Regular Civil Suit No.1173 of 2025, are stayed till the next date.

(ROHIT W. JOSHI, J.) C.L. Dhakate