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2020 Supreme(Bom) 211

UJJAL BHUYAN
Raj Systems Pvt Ltd – Appellant
Versus
Mahanagar Co-Op Bank Ltd – Respondent


Advocates:
Advocate Appeared:
A.V. Anturkar, Advocate, Surel Shah, Advocate, Ashutosh Gole, Advocate, Shubham Misar, Advocate, Swaroop Karade, Advocate, P.K. Gogad, Advocate, Kevin Satelwad, Advocate, P.A. Sarwankar, Advocate, Ameya Kulkarni, Advocate, Anoop Patil, Advocate, C.D. Mali, Advocate, S.L. Babar, Advocate, N.C. Walimbe, Advocate, Nelson Rajan, Advocate

Judgement Key Points

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JUDGMENT :

Ujjal Bhuyan, J.

1. Issue raised in all the writ petitions being the same, those were heard together on 19.11.2019 and are being disposed of by this common order.

2. Short point for consideration in all the four writ petitions is whether in the facts and circumstances of the case, the two lower authorities were justified in rejecting the application of the petitioners filed under Section 10 of the Code of Civil Procedure, 1908 for stay of proceedings instituted by respondent No.1 under Section 101 of the Maharashtra Co-operative Societies Act, 1960 till adjudication of the dispute filed by the petitioners under Section 91 of the said Act?

3. Heard Mr. Anturkar, learned Senior Counsel for the petitioners; Mr. Satelwad, learned Senior Counsel for respondent No.1 - Bank; Mr. Patil, learned counsel for respondent No.4 in W.P.No.10114 of 2019 and W.P.(St.) No.25493 of 2019; also heard Mr. Mali, Mr. Babar, Mr. Walimbe and Mr. Nelson Rajan, learned Assistant Government Pleaders for the respondentState in W.P.Nos.10102 of 2019, 10108 of 2019, 10114 of 2019 and W.P.(St.) No.25493 of 2019 respectively.

4. As requested on behalf of the petitioners, Writ Petition No.10108 of 2019 is take

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