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ca14177.19
IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD
907 CIVIL APPLICATION NO.14177 OF 2019 IN WP/715/2018
RUPEE CO OPERATIVE BANK THROUGH ITS AUTHORIZED OFFICER AND AUTHORIZED OFFICER K B
VERSUS
THE STATE OF MAHARASHTRA AND OTHERS
Mr. Aniruddha A. Nimbalkar, Advocate for the applicant Mrs. V. S. Chaudhary, APP for the respondent/State Mr. P. K. Nikam, Advocate for respondent No. 3 Mr. Deelip Bankar Patil, Advocate for respondent No. 4
CORAM : T. V. NALAWADE & S. M. GAVHANE, JJ. DATE : 03-12-2019
P. C.
. Application is filed for clarification of the order dated 0301-2019 passed by this court in writ petition No. 715 of 2018. Though learned counsel for Mr. Shelke liquidator sought time in view of the nature of the claim and the things are clear this court has refused to give time to the counsel of Mr. Shelke.
”The Mortgagor, sugar factory has made claim on the petitioner, by contending that entire amount is paid.”
There is communication made by liquidator dated 2801-2019 and in that communication made with some SubDivisional officer and Sub-Divisional Magistrate the liquidator has informed that this court has dismissed the writ petition No. 715 of 2018 and the claim of Rupee bank against the sugar factory is also dismissed. This is not only misreading but mis-interpretation of the aforesaid portion of the order. No claim as such was decided by this court and this court had observed that proper forum/civil court should decide the dispute between the parties. Thus, aforesaid portion does not mean that this court had rejected the claim of Rupee bank. This is clarification given in the present proceeding, with this clarification the present proceeding is disposed of.
[ S. M. GAVHANE, J. ] [ T. V. NALAWADE, J.]
VishalK/ca14177.19
RUPEE CO OPERATIVE BANK THROUGH ITS AUTHORIZED OFFICER AND AUTHORIZED OFFICER K B
THE STATE OF MAHARASHTRA
T. V. NALAWADE
S. M. GAVHANE
As recorded by the court registry
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