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2022 Supreme(Bom) 749

AMIT BORKAR
Maharashtra State Warehousing Corporation – Appellant
Versus
Pusad Urban Co-operative Bank Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shri M. G. Bhangde, N. R. Saboo
For the Respondent: Shri S. V. Manohar, A. Sambre, Shri U. J. Deshpande

JUDGEMENT :

1. RULE. Rule made returnable forthwith. Heard finally by consent of parties. For convenience, Writ Petition No. 1602/2017 is treated as the lead petition for delivering this judgment. Accordingly, the description of facts and submissions in the following judgment corresponds to this petition. Though broadly speaking, facts in all three petitions are similar except amounts mentioned in the dispute. Hence all three Writ Petitions are disposed of by common judgment.

2. By these Petitions under Articles 226 & 227 of the Constitution of India, the Petitioners are challenging the judgment and order passed by the Member, Maharashtra State Co-operative Appellate Court, Mumbai, Bench at Nagpur in Appeal filed by them holding the Petitioners liable for payment of the amount of loan in capacity of surety of a member.

3. A brief recapitulation of facts would bring the matter into proper perspective for better appreciation of the issues involved:-

Respondent No. 1 – Bank filed a dispute under Section 91 of the Maharashtra Co-operative Societies Act (hereinafter referred to as "the said Act") for recovery of the amount against Respondent Nos. 2 to 4. Respondent No. 1 granted a loan to R

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