J.A.PATIL
Ramesh T. Gopalani – Appellant
Versus
Janata Sahakari Bank Ltd. and another – Respondent
2.The petitioner is a debtor while respondent No. 1 is a Co-operative Bank. Respondent No. 2 is the Recovery Officer of the said Bank. In the year 1994 the petitioner was granted cash credit facility of Rs. 13,50,000/-. In addition, he was granted 3 loans. The first being of Rs. 2,30,000/- for purchase of a car. The second of Rs. 50,000/- and the third of Rs. 50,000/-. It appears that the petitioner failed to clear arrears of the above mentioned loans hence the respondent Bank filed an application before the Dy. Registrar, Co-operative Society and obtained 4 separate recovery certificates against the petitioner under section 101 of the Maharashtra Co-operative Societies Act, 1960 (for short, the 'Act'). On the basis of the said recovery certificates, the respondent bank took up execution proceedings and attached the car and shop belonging to the petitioner. The petitioner then
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