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2010 Supreme(Bom) 399

A.P.DESHPANDE, N.D.DESHPANDE
Vijay Shamrao Bhokre – Appellant
Versus
Mumbadevi Jilla Nagari Sahakari Pat Sanstha Maryadit, Kopargaon – Respondent


Advocates appeared:
Mr. S.D. Kulkarni, Advocate, for the Appellants.
Mr. S.V. Advant, Advocate, for the Respondent No.1.
Mr. K.B. Chaudhary, Assistant Government Pleader, for Respondent No.2.
Mr. C.V. Korhalkar, Advocate, for Repondent No.3
Respondent Nos.4 and 5 Served (Absent)

Judgment :

A. P. DESHPANDE,J.:- As both the Letters Patent Appeals are filed in the same set of facts, raising common question of law, the Letters Patent Appeals are heard together and are being disposed of by this common judgment.

2. The present appellants are the legal representatives of one Smt. Indumati Shamrao Bhokare. She was advanced mortgage loan by the respondent no.1. As the loan was not repaid, the respondent no. 1 initiated proceedings under Section 101 of the Maharashtra Co-operative Societies Act, 1960 (For short, "the Act") before the Assistant Registrar, Co-operative Societies. Kopargaon. The Assistant Registrar issued a certificate in favour of the respondent no.1. The respondent no.1 tried to execute the said certificate. Hence, the present petitioners instituted a suit for declaration in the court of Civil Judge (Junior Division), that the certificate obtained by the respondent no.l/Society is a nullity and hence, prayed for injunction seeking to restrain the respondent no.1 from executing the certificate. The trial court granted the injunction, as prayed for, and restrained the Society from executing the certificate. Before the Civil Court, the respondent no. 1 ha














































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