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2004 Supreme(Bom) 816

ANOOP V.MOHTA
Sunil Chhatrapal Kedar – Appellant
Versus
Y. S. Bagde – Respondent


JUDGMENT

Anoop V. Mohta, J.

1. 1. Heard learned Counsel for the Parties. Very small controversy is raised in this petition as to which defendants should be allow to cross examine first, those who support the plaintiff or those who opposes the plaintiff.

2. 2. The petitioner herein, the Ex-Chairman, along with others Ex-Directors of the Nagpur District Central Co-operative Bank, respondent No. 2 herein, are charge-sheeted under the provisions of Maharashtra Co-operative Societies Act, 1960 and Maharashtra Co-operative Societies Rules, 1961 (for short the Act and the Rules respectively).

.3. An application has been filed by the petitioner to cross-examine the witnesses of respondent Bank, after the completion of cross-examination of other respondents. The respondent No. 2 and other respondents have resisted the same basically, on the ground that, initially when the matter was fixed for the cross-examination there was no such objection from the petitioner, to proceed with the matter with

.such a mode of cross-examination. However, on the date of the cross examination itself, such application was filed. The whole purpose of such application and/or conduct of the petitioner was to prolo



































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