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1987 Supreme(Bom) 365

C.S.DHARMADHIKARI, P.V.NIRGUDKAR
Kerbaji Maroti Rao Shinde – Appellant
Versus
State of Maharashtra & others – Respondent


JUDGMENT - DHARMADHIKARI C.S., C.J.:—The petitioner was elected as a Chairman of Harbal Seva Sahakari Society in the election held on 15th August, 1981, for a term of three years. He was also elected as a Director of Kandhar Taluka Shetkari Sahakari Kharedi Vikri Sangh in the year 1982 for a term of five years. The petitioner had taken loan from respondent No. 5–The Maharashtra State Co-operative Land Development Bank Ltd. for purchase of electric motor in the year 1971 which was repayable in 10 yearly instalments. According to the petitioner the last such instalment was due in the year 1981-82. In the year 1973 he again took a loan of Rs. 6,300/- for construction of a well and this loan was also repayable in 10 equal instalments within a period of 10 years and the last such instalment will become due in the year 1987-88. It is his case that earlier loan of Rs. 3,000/- was paid back within the period of 10 years and he was paying the instalments regularly. Petitioner is also a share-holder of Kalambar Vibhag Sahakari Sakhar Karkhana Ltd. The respondent No. 5–The Maharashtra State Co-operative Land Development Bank Limited had given instructions to the Sakhar Karkhana that the am













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