Jaikishan Maniklal Daga vs The Divisional Joint Registrar of Co-operative Societies, Amravati

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

BOMBAY HIGH COURT
A. S. Chandurkar, J
Jaikishan Maniklal Daga – Appellant
Versus
The Divisional Joint Registrar of Co-operative Societies, Amravati – Respondent

Advocates:
For the Appellants/Petitioners: R. M. Bhangde
For the Respondents: S. Bissa, R. L. Khapre

Table of Content
1. common judgment to decide multiple writ petitions. (Para 1 , 3 , 6)
2. challenge to recovery certificates due to alleged inaction of the bank. (Para 2)
3. bank argues commitment to sell pledged goods based on contractual obligations. (Para 4 , 5 , 7)
4. court distinguishes merits in section 91 disputes from section 101 proceedings. (Para 8)
5. writ petitions allowed based on merits discussed. (Para 9)

Common Judgment :

1.All these writ petitions can be decided together by this common judgment.

Rule. Heard finally with consent of counsel for the parties.

2. In Writ Petition No.2673/2018 challenge has been raised to the order dated 27/04/2018 that has been passed by the Deputy Registrar, Co- operative Societies directing issuance of Recovery Certificate under Section 101 of the Maharashtra Co-operative Societies Act , 1960 (for short, the said Act).

The facts briefly stated are that it is the case of the petitioners that they had availed credit facility from the respondent No.3-Bank by pledging goods with it. Agreements in that regard granting short term loan for a period of three months were entered into between 14/03/2016 to 02/05/2016. It is the case of the petitioners

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BOMBAY HIGH COURTA. S. Chandurkar, JJaikishan Maniklal Daga – AppellantVersusThe Divisional Joint Registrar of Co-operative Societies, Amravati – Respondent

BOMBAY HIGH COURT
A. S. Chandurkar, J
Jaikishan Maniklal Daga – Appellant
Versus
The Divisional Joint Registrar of Co-operative Societies, Amravati – Respondent