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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
AMIT BORKAR
Pimpri Chinchwad Sahakari Bank Maryadit – Appellant
Versus
Arun Namdeo Pote, Proprietor of Arun Developers – Respondent
| Table of Content |
|---|
| 1. challenge to recovery certificate (Para 1 , 2 , 5) |
| 2. arguments on loan amount and service issues (Para 3 , 4) |
| 3. submission of petitioners and respondents (Para 6 , 7) |
| 4. scope of appeal before this court (Para 8) |
| 5. distinction of sections 101 and 91 (Para 9 , 10) |
| 6. nature of revisional jurisdiction (Para 11 , 12 , 13) |
| 7. mandatory document submission for summary inquiry (Para 14 , 15 , 16) |
| 8. importance of notice and opportunity (Para 17 , 18 , 19 , 20) |
| 9. requirement of reasoned judgments in summary proceedings (Para 24 , 25 , 26 , 27) |
| 10. role of registrar in contested claims (Para 28 , 29 , 30) |
| 11. genuine disputes requiring detailed examination (Para 36 , 39 , 40) |
| 12. evidence requirements for allegations of fraud (Para 41 , 42 , 43) |
| 13. complex factual disputes necessitating section 91 (Para 44 , 45 , 46) |
| 14. producing documents is essential in summary proceedings (Para 49 , 50 , 51) |
| 15. registrar's discretionary powers (Para 62 , 63) |
JUDGMENT :
Amit Borkar, J.
1. The petitioners challenge the Judgment and Order dated 17 January 2022 passed by the Divisional Joint Registrar, Cooperative Societies, Pune Division in Revision Application No.389 of 2021. By that order, the D
The court reaffirmed that the issuance of Recovery Certificates under Section 101 must follow mandatory procedures, including proper notice and adherence to statutory deposit requirements, vital for ....
High Court cannot in exercise of its power under Article 226 of the Constitution of India can direct the bank to positively consider the benefit of one time settlement to writ petitioner.
Compliance with the mandate of Sub-Section (2A) of Section 154 of the Act of 1960 is not necessary for deciding the application for condonation of delay, and the Revisional Authority may refuse to en....
Revision challenging consequential actions to recovery certificate under MCS Act requires 50% dues deposit; purposive interpretation curbs delays, overrides literal reading defeating recovery object.
The court established that under the MCS Act, the issuance of recovery certificates involves a summary inquiry focused on the quantification of arrears, and that disputes requiring evidence must be a....
The Court established that recovery proceedings under Section 154B-29 of the Maharashtra Co-operative Societies Act are distinct from disputes under Section 92, and thus the limitation period defined....
The court confirmed that guarantors are liable under the Maharashtra Cooperative Societies Act, and disputes against them are maintainable despite limitation challenges.
Rest of nature of dispute to be referable to Register in the given context of this case, will govern the entire situation. The recovery proceedings initiated under Section 102 of the West Bengal Co-o....
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