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2023 Supreme(Bom) 119

G. S. KULKARNI
Tarulata Amritlal Bava – Appellant
Versus
State of Maharashtra, through Secretary, Co-op. Dept. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Chetan Kapadia with Y. A. Rajgor and Ms. Rekha Shinde i/b. Legal Chartered
For the Respondent: Mr. Ashish Kamat a/w Mr. Nikhil Rajani i/b. M/s. V. Desphande and Co.

JUDGMENT :

1. This petition filed under Articles 226 and 227 of the Constitution inter-alia assails a Recovery Certificate dated 25 September, 2018 issued by the Deputy Registrar, Co-operative Societies, Thane City-respondent no. 3 whereby an earlier Recovery Certificate dated 12 September, 2013 issued against the petitioner, who is the guarantor and who offered a collateral security, to the commercial borrowings by respondent no.6, has been confirmed.

2. The case of the petitioner is that, respondent no. 5-The Thane Bharat Sahakari Bank Ltd. (for short “the bank”) had sanctioned a term loan facility of Rs.1.90 crores in favour of one M/s. Shree Vaishnavi Enterprises, a sole proprietary concern of respondent no. 6-Amritlal Jayantilal Bava (for short “Amritlal”), who is stated to be the husband of the petitioner. Such term loan facility was availed for purchase of 10 trucks/trailers. On enquiry it was revealed to the bank that there were procedural violations as also misappropriation and fraudulent utilization of the amounts released under the said term loan facility as availed by Amritlal. It was also revealed that the officers of the bank were also involved in such irregularities.

3.

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