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2019 Supreme(Bom) 545

S.C.GUPTE
THANE BHARAT SAHAKARI BANK LTD – Appellant
Versus
AMRITLAL BAVA – Respondent


Advocates Appeared:
Vishal Kanade, Adv., Nikhil Rajani, Adv., Deshpande & Co, Adv., Chetan Kapadia, Adv., Yogendra Rajgor, Adv., Legal Chartered, Adv.

JUDGMENT :

S.C. Gupte, J.

Heard learned Counsel for the Petitioners and learned Counsel for Respondent No.1.

2. This petition challenges an order passed under Order VII Rule 11 of the Code of Civil Procedure, 1908 ("Code"), by the Co-operative Court, dismissing the Petitioners' application for rejecting the dispute application filed by Respondent No.1 before the Co-operative Court under Section 91 of Maharashtra Co-operative Societies Act, 1960 ("Act"), and an appellate order of the Co-operative Appellate Court confirming that order.

3. The case of Respondent No.1 in his dispute application was that the loan account opened in his name in the first Petitioner bank was fraudulently operated by his introducer, Respondent No.2 herein, in collusion with the branch manager of the first Petitioner bank. He was fraudulently denuded of money by siphoning amounts from his loan account without his having had any benefit of the alleged loan. A criminal prosecution has been pending in this behalf, wherein the manager of the first Petitioner bank along with Respondent No.1 disputant and Respondent No.2 herein have been arraigned as accused by Economic Offences Wing (EOW). In the backdrop of these fa







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