Allowed

Hansa N. Rathod v. Kailas Deep Co-Op.Housing Society and Ors.

Bombay HC5 Dec 2008LPA/313/2007

Case brief

AI extract

What is this about?

In a letters patent appeal concerning a recovery matter against a housing society, the High Court upheld the concurrent findings of fact. The Court directed the appellant to seek a sympathetic reduction in interest via representation while noting the principal was paid, and disposed of both the appeal and a connected civil application.

What did the court decide?

Direction to appellant to seek sympathetic reduction of interest via representation; order confirmed; appeal and civil application disposed of.

Hansa N. Rathod Vs Kailas Deep Co-Op.Housing Society and Ors. — Money Laundering | Bombay HC (2008)

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 -: 1 :-

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 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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 APPELLATE SIDE

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 LETTERS PATENT APPEAL NO.313 OF 2007

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In

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 WRIT PETITION NO.1753 OF 2007

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 WITH

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 CIVIL APPLICATION NO.306 OF 2008

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In

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 LETTERS PATENT APPEAL NO.313 OF 2007

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 Mrs.Hansa N. Rathod : Appellant

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 (Orig.Petitioner)

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 V/s.

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 Kailas Deep Co-op. Housing Society & Ors. : Respondents

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 Mr.A.L.Gore for the appellant.

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 Mr.N.N.Bhadrashete for respondent no.1.

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CORAM : SWATANTER KUMAR, C.J.&
S.A. BOBDE, J.

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 DATE : DECEMBER 5, 2008.
P.C.

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 1. We have heard the learned counsel appearing for the
 parties.

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 2. Against the order dated 23.7.2003, the present
 appellant filed a revision before the Divisional Joint
 Registrar, Co-operative Societies, Mumbai Division,
 Mumbai, which was dismissed vide order dated 7.11.2006,

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 -: 2 :-

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 thus confirming the Recovery Certificate dated 23.7.2003.
 This order was challenged in the Writ Petition which came
 to be dismissed by the learned single Judge vide order
 dated 27.7.2007, giving rise to the present appeal.

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 3. We see no reason to interfere with the concurrent
 findings of fact recorded by the authorities as well as by
 this Court. In terms of the bye-laws, interest is payable
 upto 21% per annum and it is in the discretion of the
 authorities. Though we see no reason to interfere as
 such, however, we direct that the appellant may make a
 representation before the Committee of the society praying
 for reduction of interest from 21%. If such a
 representation is filed, the society will consider the
 same sympathetically and pass appropriate orders. The
 principal amount has already been paid and the appellant
 will continue to deposit the amounts in future.

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 4. Letters Patent Appeal stands disposed of.

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 5. In view of the disposal of the Letters Patent Appeal,
 Civil Application No.306 of 2008 does not survive and the
 same stands disposed of.

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CHIEF JUSTICE

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 -: 3 :-

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S.A. BOBDE, J.

Hansa N. Rathod v. Kailas Deep Co-Op.Housing Society and Ors.

Case brief

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What did the court decide?

Hansa N. Rathod v. Kailas Deep Co-Op.Housing Society and Ors.

Case brief

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What did the court decide?

What the court decided

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