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O.A. No. 292 of 2003. Case: Abhyudaya Co-op. Bank Ltd. Vs Omjaysai Infraimpex Pvt. Ltd. and Ors.. Nagpur Debt Recovery Tribunals

Judgment Cited in Precedent Map Related
Case NumberO.A. No. 292 of 2003
CounselFor Appellant: B.P. Colabawala, Adv., i/b. Medekar and Co. and For Respondents: Ismail Nasikwala, Adv. for the Defendant Nos. 1 to 3 and 5 and Amit Sale, Adv. for the Defendant No. 6
JudgesK.J. Paratwar, Presiding Officer
IssueMaharashtra Co-operative Societies Act, 1960; Recovery of Debts Due to Banks and Financial Institutions Act, 1993 - Sections 17 and 18; Multi-State Co-operative Societies Act, 2002
CitationII (2005) BC 237
Judgement DateJanuary 04, 2005
CourtNagpur Debt Recovery Tribunals

Order:

K.J. Paratwar, Presiding Officer

  1. Heard the learned Counsel.

  2. During the course of final arguments, it was pointed out that the question as to whether this Tribunal can hear Original Application in view of the Hon'ble Apex Court Order dated 16.1.2004 in Special Leave to Appeal (Civil) No. 886 of 2004. Greater Bombay Co-op. Bank Ltd. v. United Yarn Tex Pvt. Ltd, staying the operation of the judgment if the Hon'ble Bench (F.B) of parent High Court in the matter between Narendra Kantilal Shah v. Joint Registrar, Co-operative Societies (Appeal) Bombay and Ors. is of vital importance and finding to the same goes to the root of the matter. The F.B. has endorsed the law laid down by Hon'ble Judges of Division Bench (D.B.) in the matter between Shamrao Vithal Co-operative Bank Ltd. v. Star Glass Works and Ors., 2003 (3) Bom. C.R. 374. Considering the significance of the issue, I have thought it expedient to restrict to that question.

  3. Mr. Ismail Nasikwala, learned Defence Counsel has at the outset invited my attention to the question formulated by the F.B. for the consideration which is reproduced below:

    Do the Courts and authorities constituted under...

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