The High Court of Bombay dismissed a writ petition challenging the maintainability of the dispute before the Co-operative Court. The court relied on a Supreme Court view regarding Co-operative Banks and held the petition lacked merit.
No order as to costs.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.593 OF 2006
M/s.Aakar Ceramica Print Pvt.Ltd. & Ors. ..Petitioners.
V/s.
Rupee Co-op. Bank Ltd. ..Respondent.
Mr.P.S.Dani for petitioners.
Mr.K.V. Tembe for respondent.
CORAM : J.P.DEVADHAR, J.
DATED : 10TH JULY, 2007.
P.C. :-
The question in this petition pertains to the
maintainability of the dispute before the Co-operative
Court. According to the petitioner the dispute by or
against a Co-operative Bank must be referred to the D.R.T.
The said contention has been rejected by Co-operative
Court. The Apex Court in the case if Greater Bombay
Co-op. Bank Ltd. V/s. United Yarn Tex. Pvt. Ltd. &
Ors. reported in 2007 (3) M.L.J. 434 has taken similar
view. In this view of the matter, there is no merit in
the petition and the same is dismissed.
However, there will be no order as to costs.
(J.P. DEVADHAR, J.)
1 issue framed by the court
whether the dispute between a petitioner and a Co-operative Bank is maintainable before the Co-operative Court or refers to D.R.T.
Colour shows how this judgement treated each authority
Greater Bombay Co-op. Bank Ltd. V/s. United Yarn Tex. Pvt. Ltd. & Ors.Relied on¶12
2007 (3) M.L.J. 434
M/s.Aakar Ceramica Print Pvt.Ltd. & Ors.
Rupee Co-op. Bank Ltd.
J.P. DEVA DHAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court