Bank refused to recover from principal debtor was forwarded to guarantors. Court held mandatory 50% deposit for such recovery proceded.
Disposal of writ petitions without entertaining them due to non-deposit of 50% of dues.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION
WRIT PETITION NO.3997 OF 2007
WITH
WRIT PETITION NO.2825 OF 2007
| Ananda Khaladkar & anr. |
Petitione | rs | ||
|---|---|---|---|---|
| vs. Janata SahakariBank Ltd. |
Respond | ents | ||
| Mr.P.N.Joshi for the petitioners. | ||||
| Mr.Prashant Beri i/b.M/s.Berry & no.1. |
Co. for respon | dent | ||
| CO DAT |
RAM : ANO ED : 18th O |
OP V. MOHTA,J. ctober, 2007 |
||
| P.C. | ||||
| The petitioner |
s are |
the guarantors. |
The | recovery |
| certificates are issued against the p and the guarantors. |
rincipal borr | ower | ||
| 2. Admittedly, |
while | taking any steps, |
it | is necessary |
| for the petitioners to deposit 50% | of the amount | . The | ||
| petitioners did not comply with the | same. | |||
| 3. As recorded, |
it |
is not possible for |
the | Bank to |
| recover anything |
from | the principal |
debtor/borrower. | |
| Therefore, the |
proceedi | ng against the |
petition | ers who |
| are jointly and |
severally | liable to make |
the | payment in |
| pursuance to |
the rec |
overy certificates can |
not | be gone |
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into at this stage of the proceeding and specifically for want of non-compliance of the 50% of the recoverable dues in the matter in view of the mandatory provisions of Section 154(2)(A) of the Maharashtra Cooperative Societies Act,1960.
[ANOOP V. MOHTA,J.]
2 issues framed by the court
Whether the writ petitions can be entertained without depositing 50% of the recoverable dues under Section 154(2)(A) of the Maharashtra Cooperative Societies Act, 1960.
Whether a question of fraud can be examined at this stage of the proceeding.
1 provisions across 1 enactments
Ananda Khaladkar & anr.
Janata Sahakari Bank Ltd.
Anoop V. Mota
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
