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2005 Supreme(Bom) 460

P.V.HARDAS, NARESH H.PATIL
Osmanabad Dist. Central Co-op. Bank Ltd. – Appellant
Versus
State of maharashtra – Respondent


Judgment

P. V. HARDAS, J.

( 1 ) THE petitioners in this petition- have prayed for issuance of a writ of Mandamus directing respondents No, 1 to 3 to pay the insurance claim for Kharip season 1991. The petitioners have also prayed that the random system adopted by the respondent to decide the actual yield for a particular season and crop for adjudging the liability of claim be declared as not proper.

( 2 ) FACTS in brief as are necessary for the decision of this petition can be stated as under : petitioner No. 1 is the District Central Cooperative Bank Limited. It is Co-operative society registered or deemed to be registered under the Maharashtra Co-operative Societies Act, 1960. The petitioner No. 2 is a deputy General Manager of the petitioner no. 1. Respondent No. 1 has undertaken various schemes for the benefit of agriculturists in Osmanabad District. One of such schemes being the Comprehensive Crop Insurance Scheme, which has been floated by respondent Nos. 1 and 2 at the instance of respondent No. 3. Under the said Comprehensive Crop Insurance Scheme, respondent no. 3 insures the crops of agriculturists in maharashtra State on the agriculturist paying premium to the primary Co-















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