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2022 Supreme(Bom) 2

S.M.MODAK
Sadanand Belvalkar – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners: Mr. Sachin Mandlik a/w Sayali Phansikar a/w Upendra Mahadik i/by Fast Track Legal.
For the Respondents: Mr. A.P. Vanarse - AGP, Mr. Shrivallabh Panchpor a/w Mr. Ankit Dhindale.

JUDGMENT :

Rule. The only issue arise in this petition is whether order passed by the Maharashtra State Co-operative Appellate Court, Mumbai bench at Pune in Revision Application No. 27 of 2019 dated 17/12/2019 is open for interference in a supervisory jurisdiction under Article 227 of the Constitution.

2. The order under challenge was passed on the Revision application filed by Vidya Sahakari Bank limited (hereinafter referred to as said bank). Present Petitioner is Respondent therein. He is one of the guarantor to the loan sanctioned by the bank to the borrower M/s Mbells Labs present Respondent No. 3.

3. The bank has obtained recovery certificate on 14 July 2017 under Section 101 of Maharashtra Co-operative Societies Act, 1960. The present Petitioner being guarantor to the loan has filed a dispute on 10 June 2018 before Co-operative Court Pune by taking recourse to the provisions of Section 91 of Maharashtra Co-operative Societies Act, 1960. There is Government Resolution dated 25/11/2017 issued by the Government of Maharashtra Department of Corporation. By that resolution guidelines are given to the Urban Co-operative banks in respect of one time settlement towards the dues. The g

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