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2007 Supreme(Bom) 252

R.M.S.KHANDEPARKAR, D.Y.CHANDRACHUD
SATGURU CONSTRUCTION CO. PVT. LTD – Appellant
Versus
GR. BOMBAY CO-OPERATIVE BANK LTD – Respondent


Advocates Appeared:
D.D.Madon, DEEPAK CHITNIS CHIPARIKAR, JANAK DWARKADAS, Mamta Sadh, Prasad Das, RAVI GOENKA

R. M. S. KHANDEPARKAR, J.

( 1 ) HEARD. Leave to remove the office objections within two weeks.

( 2 ) ADMIT. The learned counsel appearing on behalf of the respondents waives service. By consent, heard forthwith.

( 3 ) THE present appeal arises from the order dated 29-1-2007 passed in notice No. 1567 of 2006 whereby the learned single Judge has issued the warrant of arrest against the appellants on account of non-compliance of the liability under the recovery certificate issued by the concerned authority in terms of section 101 of the Maharashtra Co-operative Societies Act, 1960, hereinafter called as "the said Act".

( 4 ) THOUGH the impugned order is sought to be challenged on various grounds, it is not necessary to consider all those grounds and suffice to refer to only one ground, namely, absence of jurisdiction to the learned single Judge to entertain the matter in view of the specific provisions of law comprised under section 101 (3) read with section 156 (l) (e) of the said Act. Attention is also drawn in that regard to the decision in the matter of Vithal Yadav Mhase vs. Amdar Balasaheb Thorat Nagari Sahakari Path Sanstha Maryadit through its administrator, Ashvi (BK), Dist.








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