Partly allowed

Arjun Dagdu Bhagat v. the Manager Shri Chhatrapati Rajashri Shahu Urban Co. Operative Bank Ltd. and Others

Bombay HC16 Jul 2018WP/1410/2017

Case brief

AI extract

What is this about?

Petitioner banker not made party to revision. High Court upheld right to be heard, quashed impugned order, and remitted proceedings to allow addition of borrowers to file. Pending petitions disposed off due to quashing. Guarantor to add borrower and another guarantor as respondents. Authority free to decide merits later without influence of court observations.

What did the court decide?

Order dated 18/10/2016 quashed, Revision Application No. 27/2016 remitted to Divisional Joint Registrar Latur. Petitioner to add borrower & guarantor as respondents.

Arjun Dagdu Bhagat Vs the Manager Shri Chhatrapati… — Writ and Judicial Review | Bombay HC (2018)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 1410 OF 2017

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ARJUN DAGDU BHAGAT

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VERSUS

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THE MANAGER, SHRI CHHATRAPATI RAJASHRI SHAHU URBAN CO OPERATIVE BANK LIMITED BEED AND OTHERS

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Advocate for the Petitioner : Shri H. V. Tungar Advocate for Respondent Nos. 1 and 2 : Shri K. J. Suryawanshi Advocate for Respondent No. 3 : Shri J. M. Murkute

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WITH

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WRIT PETITION NO. 2404 OF 2017

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RAM BABURAO HARAL

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VERSUS

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THE MANAGER SHRI CHHATRAPATI RAJASHRI SHAHU URBAN CO OPERATIVE BANK LIMITED AND OTHERS

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Advocate for the Petitioner : Shri J. M. Murkute Advocate for Respondent Nos. 1 and 2 : Shri K. J. Suryawanshi AGP for Respondent No. 3 : Shri S. R. Yadav

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WITH

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WRIT PETITION NO.12782 OF 2017

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SHRI CHHATRAPATI RAJESHREE SHAHU URBAN COOPERATIVE BANK LIMITED AND ANOTHER VERSUS

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THE DIVISIONAL JOINT REGISTRAR CO-OPERATIVE SOCIETIES LATUR AND ANOTHER

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Advocate for the Petitioners : Shri K. J. Suryawanshi AGP for Respondent No. 1 : Shri S. R. Yadav Advocate for Respondent No. 2 : Shri J. M. Murkute

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CORAM : RAVINDRA V. GHUGE, J. DATED : 16^th JULY, 2018.

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PER COURT :

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I have heard the learned Advocates for the respective sides.

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All these three petitions originate from a common issue wherein Arjun Dagdu Bhagat, the petitioner in the first petition, is said to be the borrower and Ram Baburao Haral is said to be one of the guarantors alongwith Ankush Gopinath Ghogare.

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After considering the submissions of the learned Advocates, I find that these petitions can be disposed off on one solitary ground which is, that the first petitioner Arjun Dagdu Bhagat has suffered the impugned order dated 18/10/2016 passed by the Divisional Joint Registrar, Cooperative Societies, Latur by which, Revision Application No. 27/2016 filed by Ram Babulal Haral has been rejected and the bank seeking recovery is directed to proceed against Shri Bhagat. Grievance of Shri Bhagat is that he was not made a

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party to Revision Application No. 27/2016 and, therefore, he was rendered defenseless before the Divisional Joint Registrar, Latur.

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It requires no debate that any person who is condemned unheard, will have a right to seek the quashing of such an order as he was neither a party to the proceedings, nor did he get an opportunity to defend himself. Any order passed against such a person, would be unsustainable if he is not heard.

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Considering the above, first petition is allowed. The

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order dated 18/10/2016 is quashed and set aside and Revision Application No. 27/2016 is remitted to the office of the Divisional Joint Registrar, Co-operative Societies, Latur.

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Respondent No. 3, Revisional applicant, namely Ram

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Baburao Haral agrees to add Shri Arjun Dagadu Bhagat and Ankush Gopinath Ghogare as the respondents in the said Revision.

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The revisional applicant would add the above stated persons as respondents in the said proceedings on 04/08/2018. All these litigating sides, except Ankush Gopinath Ghogare who is not a party to these proceedings, would appear before the concerned Authority on 04/08/2018. The said authority need not issue notices to these parties, though it shall issue notice to Ankush Gopinath Ghogare. After the appearance of Ankush, the concerned authority would decide the said proceedings expeditiously.

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In the second and third petition, the Revisional applicant as well as the bank have challenged the same order dated 18/10/2016. Since the said order has been set aside in the first petition, both these petitions are disposed off in view of the above directions.

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It is made clear that the impugned order is set aside only because Arjun Bhagat was not added as a respondent in view of the right of hearing that he deserves.

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The Divisional Joint Registrar would, therefore, be at

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liberty to decide the said proceedings on its own merits and without being influenced by any of observations made by this

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Court.

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All contentions of litigating sides are kept open.

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(RAVINDRA V. GHUGE, J.)

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shp/-

Arjun Dagdu Bhagat v. the Manager Shri Chhatrapati Rajashri Shahu Urban Co. Operative Bank Ltd. and Others

Case brief

What is this about?

What did the court decide?

Arjun Dagdu Bhagat v. the Manager Shri Chhatrapati Rajashri Shahu Urban Co. Operative Bank Ltd. and Others

Case brief

What is this about?

What did the court decide?

What the court decided

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