Disposed

Bassein Catholic Co-Op.Bank Ltd. v. Kishor Kuntadi and Ors.

Bombay HC10 Feb 2009CAW/651/2008

Case brief

AI extract

What is this about?

The court disposed of a review petition filed by Bassein Catholic Co-op. Bank Ltd. against an ex-parte order condoning delay. The court clarified that condoning delay does not exempt the applicant from complying with the 50% deposit requirement under Section 154(2A) of the Maharashtra Co-operative Societies Act, 1960, leaving compliance issues for the Divisional Joint Registrar to decide.

What did the court decide?

Review Petition disposed of; no costs awarded; further orders on compliance with Section 154(2A) conditions to be determined by Divisional Joint Registrar.

Bassein Catholic Co-Op.Bank Ltd. Vs Kishor Kuntadi and… — Banking and Recovery | Bombay HC (2009)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION

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CIVIL APPLICATION NO. 651 OF 2008 IN

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WRIT PETITION NO. 8895 OF 2007

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Bassein Catholic Co-op. Bank Ltd.

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... Applicants.

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(Orig. Respondent No.5)

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V/s.

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Kishor Kuntadi & Ors.

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... Respondents.

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Mr. B.A. D’Lima i/b. M/s. D’Lima & Asso. for the Applicants.

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Mr. Patne, A.G.P. for Respondents 1 to 4.

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CORAM : S.C. DHARMADHIKARI,J.

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10TH FEBRUARY 2009.

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P.C. :

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. The Civil Application is for Review. Mr. D’Lima,

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appearing		for	th	e	Or	iginal	Respo	ndent	No	.5/Review
Applicant		points	out	that	the	order	passed	by	this	Court
on	21st	Janua	ry 200	8 is	an	ex-parte	order.		He	submits
that	Respo	ndent	No.5	was	not	given	any	notice	before	the
Petitioner		moved	for	qua	shing	and	setting	aside	the	order
of	the	Divis	ional	Joint	Reg	istrar	refusing	to	condon	e the
delay.	His	sub	mission	is	that	the	delay	has	been	condoned

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without hearing Respondent No.5 and therefore, grave and

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serious prejudice is caused to Respondent No.5.

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In his submission, this Court had directed the

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Petitioner to deposit sum of Rs.1,00,000/- but the cheque

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issued in that behalf has been dishonoured.

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It is not necessary to enter into a larger controversy with regard to the order sought to be

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reviewed.			All	that	has	been	done is	to condone	the delay
in	filing		of	the	Revis	ion	Application.	However,	I have
directed		that		the	delay	i	s condoned	and	Revision

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Application No.102 of 2006 should be heard in accordance

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with law.

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4.	My	order does not mean that the Divisional Joint
Registrar	will	overlook Section 154 (2A) of	the
Maharashtra		Co-operative Societies Act, 1960.	Needless
therefore	to	state that if no compliance is made wit	h the
precondition	laid	down by this provision, then,	the
Divisional	Joint	Registrar is at liberty to	dispose
off/dismiss		the Revision Application. The controversy	as
to	whether	there is any compliance with this conditio	n or
not w	ill ha	ve to be decided by the Divisional	Joint
Registrar.	All	pleas in that behalf are kept	open.
Merely	because	the delay is condoned does not mean	that
the	Petitioner	will not have to comply with the	condition
of	50% of	the amount under the Recovery Certificate	being
deposited.		Whether there is compliance with	this
condition	or	not or whether the condition needs to	be
complied	in	the facts of this case or not are	matters

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which must be decided by the Divisional Joint Registrar

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and my order does not prevent him doing so.

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With this clarification, the Review Petition is

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disposed off. No costs.

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(S.C. DHARMADHIKARI,J.)

Bassein Catholic Co-Op.Bank Ltd. v. Kishor Kuntadi and Ors.

Case brief

What is this about?

What did the court decide?

Bassein Catholic Co-Op.Bank Ltd. v. Kishor Kuntadi and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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