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2018 Supreme(Bom) 465

R.D.DHANUKA
Palus Sahakari Bank Ltd. – Appellant
Versus
Sunil Shamrao Salunkhe – Respondent


Advocates Appeared:
For the Petitioners:V.B. Rajure, Anilkumar K. Patil, Advocates.
For the Respondents:Kuldeep U. Nikam, Advocate, S.D. Rayrikar, AGP.

JUDGMENT :

1. By Writ Petition Nos.1714 of 2016, 1718 of 2016 and 1719 of 2016 The Palus Sahakari Bank Ltd. has impugned the Judgment and Order dated 5th November, 2015 in Revision Application No. 166 of 2015, Revision Application No. 165 of 2015 and Revision Application No. 164 of 2015 filed by Respondent No.1 under Section 154 of the Maharashtra Cooperative Societies Act, 1960 (for short the said MCS Act) thereby setting aside the order of auction of various properties passed on 10th April, 2015.

2. Writ Petition Nos. 11258 of 2016, 11259 of 2016 and 11260 of 2016 are filed by the auction purchasers inter alia praying for setting aside the order dated 5th November, 2015 passed by the learned Divisional Joint Registrar in the aforesaid three Revision Applications filed by Respondent No.1. By consent of parties all these six Writ Petitions were heard together and are being disposed of by a common Judgment.

3. Some of the relevant facts for deciding these six Writ Petitions are as under:-

Respondent No.1 in Writ Petition Nos. 1714 of 2016, 1718 of 2016 and 1719 of 2016 had borrowed various amounts from Palus Sahakari Bank Ltd. (Hereinafter referred to as “the said bank”). Respondent No.































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