Disposed

Mohan Dattu Digaskar v. the Cosmos Cooperative Bank Limited and Ors.

Bombay HC16 Dec 2024WP/18839/2024

Case brief

AI extract

What is this about?

Four writ petitions challenged orders on a cooperative bank's Rule 107 applications seeking attachment and possession. The bank's counsel undertook to withdraw the applications and file fresh ones; impugned orders were quashed, with liberty to refile after notice to petitioners.

What did the court decide?

Impugned orders quashed and set aside; bank permitted to withdraw applications and file afresh with notice to petitioners.

Mohan Dattu Digaskar vs the Cosmos Cooperative Bank… — Cooperative Societies | Bombay HC (2024)

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2024:BHC-AS:50044

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907wp18633-24

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 18633 OF 2024

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Hitesh Tulsidas Thakkar and Anr. ... Petitioners. Versus

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The Cosmos Co-Operative Bank Limited and Ors. ... Respondents.

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AND

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WRIT PETITION NO. 18644 OF 2024

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Ganpat Tukaram Digaskar (since deceased) Thr His Sole Legal Heir Sadanand Ganpat Digaskar ... Petitioner.

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Versus

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The Cosmos Co-Operative Bank Limited and Ors. ... Respondents.

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AND

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WRIT PETITION NO. 18839 OF 2024

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Mohan Dattu Digaskar ... Petitioner.

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Versus

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The Cosmos Co-Operative Bank Limited and Ors. ... Respondents.

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AND

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WRIT PETITION NO. 18845 OF 2024

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Avinash Baburao Digaskar ... Petitioner. Versus

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The Cosmos Co-Operative Bank Limited and Ors. ... Respondents.

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Mr. Nitin Sejpal i/by Ms. Akshata Desai, for Petitioner in WP/18863/2024 and WP/18839/2024.

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Mr.Nitin Sejpal i/by Mr. Krunal Thakkar for Petitioner in WP/18644 of 2024.

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Mr.Nitin Sejpal i/by Mr. Siddharath Gharat for Petitioner in WP/18845/2024.

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Mr. Vishal C. Ghosalkar a/w. Mohd. Moin Khan, Mr. Bharat Kadam for Respondent No.1.

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sa_mandawgad

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Coram : Sharmila U. Deshmukh, J. Date : December 18, 2024

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P. C. :

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1. Learned counsel appearing for the Respondent-Bank submits that the Application No.1915 of 2024, which is the subject matter of Writ Petition No.18644 of 2024, Application No.1916 of 2024 which the subject matter of Writ Petition Nos.18845 of 2024, Writ Petition No.18633 of 2024 and Writ Petition No.18839 of 2024, will be withdrawn and fresh Application under Rule 107 will be filed before the Chief Judicial Magistrate.

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2. In view of the submission of Mr. Ghosalkar, learned counsel for Respondent-Bank, the impugned orders are quashed and set aside. The Respondent-Bank is at liberty to file a fresh Application before the Chief Judicial Magistrate. Mr. Ghosalkar, would submit that the provisions do not permit the impleadment of the third parties or the borrowers in the Application filed under Section 107 (11) of the MCS Rules, 1971. As the Petitioners herein claim certain rights in the property in respect of which the attachment and the possession order are sought, the Respondent-Bank to give notice of filing of the Application and the date of first hearing before the Chief Judicial Magistrate. Upon such notice being received, it is open for the Petitioners herein to take appropriate steps in accordance with law.

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2 of 3

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907wp18633-24

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3. Petitions are disposed of as withdrawn.

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4. Needless to clarify that this Court has not gone into the merits of the matters and as such, all rights and contentions of all parties are expressly kept open.

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5. Considering the recovery of the dues is by the Cooperative Bank, a request is made for expeditious disposal.

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[Sharmila U. Deshmukh, J.]

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Signed by: Sanjay A. Mandawgad Designation: PA To Honourable Judge Date: 20/12/2024 10:07:07

Mohan Dattu Digaskar v. the Cosmos Cooperative Bank Limited and Ors.

Case brief

What is this about?

What did the court decide?

Mohan Dattu Digaskar v. the Cosmos Cooperative Bank Limited and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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Coram

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