( 1 ) THESE cross-petitions challenging the order of Maharashtra state Cooperative Appellate Court at Mumbai in Revision Application no. 194 of 2003 passed on 28-9-2004 whereby the challenge to the order passed by the Co-operative Court No. 1 at Mumbai passed on 4-4-2003 came to be partly allowed, are being decided by this common Judgment.

( 2 ) HEARD Shri, R. N. Singh, the learned advocate General for the State of Madhya pradesh with Mr. Shashi Jain for the Madhya pradesh Industrial Development Corporation Ltd. (hereinafter referred to as "the corporation" for the sake of brevity), the petitioner In writ petition No. 9477 of 2004 and respondent in writ petition No. 9859 of 2004 and Mr. V. A. Thorat, the learned senior counsel with Mr. A. G. Sugdare i/b. Mahimtura and Company for the Mumbai district Central Co-operative Bank Ltd. (hereafter referred to as "the Bank" for the sake of brevity) the respondent in writ petition No. 9477 of 2004 and petitioner In writ petition No. 9859 of 2004.

( 3 ) RULE. The respective parties waive service. By consent, Rule was taken up for final hearing forthwith.

( 4 ) THE first petition has been filed by the corporation which is the opponent and the

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