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2018 Supreme(Online)(Bom) 2024

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Anoop V. Mohta, Nutan D. Sardessai, JJ
Pradeep J. Kaunte v. Goa State Co-operative Bank Ltd. Panaji Goa and Others


1. Petitioner, a borrower has, challenged the orders as his prayer to set aside Award dated 23.2.1998 and the Sale Certificate (first sale) were rejected. So also the prayers to quash and set aside the second sale and the sale deed dated 11.6.2006 executed by respondent no.1 (the bank) in favour of respondent no.8.

2. This Court initially had passed an order of status quo on 25th October, 2006. By an order dated 16th November, 2006 directed the petitioner to deposit the amount. The amount was deposited. On 20th December, 2006, this Court admitted the matter. The matter is called out for final hearing. Heard finally after 11 years.

3. The petitioner's mortgaged property is transferred to respondent no.8. The same was sold by the bank in second sale. The bank is not disputing the position. The record itself speaks, so also the orders passed by this Court. There was no stay to the second sale initiated by the bank and, therefore, proceeded further.

4. The parties have relied upon the background events of the litigation by referring the submissions so filed. Multi - State Cooperative Societies Act, 1984 ("Act" for short) and the Maharashtra State Cooperative Society Rules, 1985 ("Rules" f

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