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2025 Supreme(Bom) 1395

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Shivneri Sahakari Bank Ltd. – Appellant
Versus
Rupee Cooperative Bank Ltd. – Respondent


Advocates Appeared:
For the Appellant : A.R. Gole
For the Respondents: Nitin Deshpande, Anjali S. Shinde

JUDGMENT :

AMIT BORKAR, J.

1. The issue that requires adjudication is, whether having regard to the statutory framework, the administrative notifications issued by the High Court, and Rule 3A of the Bombay High Court Appellate Side Rules, 1960, the present writ petition under Article 227, which arises from a dispute originating in Kolhapur District, is required to be heard and decided by the learned Single Judge at the Kolhapur Bench instead of the Court at the principal seat.

2. The facts relevant to this issue are not in dispute. The Co operative Court No. 1 at Kolhapur dismissed Dispute No. 1539 of 2006. The Maharashtra State Cooperative Appellate Court, Mumbai, Pune Bench, allowed the appeal by judgment and order dated 10 February 2022 and thereby allowed the dispute. The letter of credit which formed the basis of the dispute was opened by Respondent No. 3 at the Kolhapur branch of the petitioner Bank. Respondent No. 1 carries on business at Kolhapur, though its registered office is at Pune. All relevant transactions which gave rise to the dispute took place in Kolhapur District. A circuit bench of this Court now sits at Kolhapur under the Notifications and the amended Rules refer

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