Partly allowed

Suresh Shankarrao Takore v. the Akola Janta Comm. Co-Op. Bank Ltd. Thru. Its C.E.O. and 4 Ors.

Bombay HC17 Oct 2008WP/295/2008

Case brief

AI extract

What is this about?

Petitioner challenged Tribunal orders rejecting his application for release of bargulows during auction. Court found no error in Tribunal's order. Petitioner directed to approach Appellate Tribunal regarding circular applicability. Ad-interim order continued for two weeks; writ petition rejected with no final disposition.

What did the court decide?

Petition rejected; ad-interim order continued for two weeks to enable petitioner to approach Tribunal.

Suresh Shankarrao Takore Vs the Akola Janta… — Civil Procedure and Limitation | Bombay HC (2008)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. Writ Petition No.295/2008 Suresh s/o Shankarrao Takore Vs. The Akola Janata Comm.Coop. Bank Ltd. Akola.

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Office Notes, Office Memoranda of Coram appearances, Court's orders or directions Court's or Judge's Orders and Registrar's orders.

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Mr. Kothari, Adv. for the petitioner. Mr. Mohta, Adv. for the respondents 1 and 2.

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Coram : B.H. Marlapalle and A.H. Joshi, JJ. Dated : 17^th October, 2008.

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We have heard learned counsel for the petitioner. We have noticed that the Tribunal has passed an order on 23/10/2007 rejecting Misc. Application No.1056 filed in Appeal No.171/2007. By the said application, the applicant, who is the present petitioner, had prayed for release of seven bunglows which have been marked to the respondent-bank by reviewing the earlier order dated 20.07.2007 or in the alternate to release two bunglows as per the order dated 17.3.2006. By the order dated 20.7.2007 passed in M.A. No. 171/2007 the Appellate Tribunal was pleased to dismiss the said application in view of the fresh application having been filed and registered as M.A. No.196/2006.

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This petition has been filed challenging the orders dated 23.10.2007, 20.7.2007 and also auction sale dated 24.1.2008.

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We have heard learned counsel for the petitioner and we

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do not find any error committed by the Tribunal in passing the impugned orders. If now it is the case of the petitioner that the Circular issued by the Government of India dated 28.1.2003 is under challenge before the Supreme Court and, more particularly, about its applicability to the Cooperative Banks, the petitioner may move the Debts Recovery Appellate Tribunal for appropriate relief in the pending appeal. The petition, is therefore, rejected and so as to enable the petitioner to approach the Tribunal, ad-interim order passed by this Court dated 24.1.2008, is continued for a period of another two weeks.

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JUDGE

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JUDGE

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Ambulkar.

Suresh Shankarrao Takore v. the Akola Janta Comm. Co-Op. Bank Ltd. Thru. Its C.E.O. and 4 Ors.

Case brief

What is this about?

What did the court decide?

Suresh Shankarrao Takore v. the Akola Janta Comm. Co-Op. Bank Ltd. Thru. Its C.E.O. and 4 Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Coram

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