Disposed
Iyer Balakrishna Hariharan v. South Indian Co-Op.Bank Ltd. and Ors.
Bombay HCWP/5403/2007
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from the order text
What is this about?
IN THE HIGH COURT OF JUDICATURE AT BOMBAYIN…
What the court decided
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.5403 OF 2007
Mr Iyer Balakrishna Hariharan .. Petitioner.
Vs.
The South Indian
Co-operative Bank Ltd. & Ors. .. Respondents.
Mr.R.R.Hegde, for the petitioners.
Mr.N.N.Bhadrashete for respondent no.1-Bank.
CORAM : D.B.BHOSALE, J.
DATED : 26TH FEBRUARY, 2008.
P.C.:
. Heard learned counsel for the parties.
2. The petitioner has impugned the judgment and
order dated 26.3.2007 passed by the Maharashtra State
Co-operative Appellate Court, Mumbai, by which it has
disposed of two Appeals from Order bearing Nos.25 and
26 of 2007 by common order. M/s.Shrinathji Yarn
(Pros) Pvt Ltd and ors had filed a separate petition
bearing Writ Petition No.5298 of 2007 challenging the
very same impugned judgment. This Court, vide order
dated 20.2.2008 disposing of the petition modifying
the operative portion of the impugned judgment in the
following terms:
(a) The petitioners shall deposit
Rs.5,00,000/- with the respondent-company
within six weeks from today failing which
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their application for setting aside exparte
decree shall stand rejected.
(b) The petitioners shall also take steps
to sale gala situated at Khopar Khairne,
Thane-Bhiwandi Road, which is a mortgaged
security, within six weeks from today and
shall deposit sale proceeds with the bank.
It appears that the Bank has already issued
NOC for the sale of the Gala. On the
petitioners depositing Rs.5,00,000/- and the
sale proceeds of the Gala, as aforementioned,
the Co-operative Court shall proceed to
decide the application for setting aside
exparte decree on merits in accordance with
law as expeditiously as possible and
preferably within six weeks therefrom. The
operative portion of the impugned order is
modified in aforementioned terms. All
contentions of the parties are kept open.
With these observations the writ petition is
disposed of."
3. In view of the aforesaid modification made in
Writ Petition No.5298 of 2007, in my opinion, no
separate order is necessary in the instant writ
petition. The writ petition is disposed of.
(D.B.BHOSALE, J.)
Mr Iyer Balakrishna Hariharan
The South Indian Co-operative Bank Ltd
D.B. Bhosale
As recorded by the court registry
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