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2003 Supreme(Bom) 582

A.P.SHAH, V.M.KANADE
Vasundhara Ashokrao Patil – Appellant
Versus
Rajaram Bapu Sahakari Bank Ltd. & others – Respondent


JUDGMENT - P.C.:---The sole question that falls for consideration in this petition under Articles 226 and 227 is whether a dispute would lie under section 91 of the Maharashtra Co-operative Societies Act, 1960, hereinafter referred to as the Act challenging a recovery certificate granted under section 101 of the said Act. The facts and circumstances giving rise to this petition are few and may be shortly stated. The petitioner Nos. 1 to 3 borrowed loan from the 1st respondent Bank for which petitioner Nos. 4 and 5 and respondent Nos. 3 and 4 were surities. The petitioner Nos. 1 to 3 made defaults and, therefore, the Bank approached the Deputy Registrar, Cooperative Societies, Taluka Walva, District Sangli for issuing Recovery certificate under section 101 of the Act. It appears that three separate applications were filed by the bank. The borrowers as well as surities were joined as parties. The petitioners failed to appear in spite of notice and consequently ex parte orders were passed whereby recovery certificates were issued in favour of the bank. The petitioner and respondent Nos. 3 and 4 then filed three separate disputes under section 91 of the said Act being Nos. 259, 289 and

















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