LPA No. 231 of 2009 · Bombay High Court
Case at a glance
Outcome
Dismissed
case, both Letters Patent Appeal stand dismissed
Provisions considered
- Maharashtra Cooperative Societies Act, 1960 s. 154(2)(A)
Key paragraphs
- Para 44. In our view, on merits, there is absolutely no substance in the present appeals. We are of FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Of f i ce Notes , Of f i ce Memoranda…
- Para 55. In the facts and circumstances of the case, both Letters Patent Appeal stand dismissed in limine. Consequently, both Civil Applications also stand dismissed. No order as to costs. (SHRIHARI P.DAVARE,J.) (S.B.DESHMUKH,J.) Dt. 19.12.2009
Judgment
Shri Nagargoje, learned Advocate for the appellants points out the order passed by the learned Single Bench of this court rejecting the Writ Petition for non compliance of the provisions of Section 154 (2) (A) of the Maharashtra Cooperative Societies Act, 1960 ("the Act of 1960"). He presented the zerox copy of the statement of accounts. It is taken on record and marked Exhibit "X" for identification. From Exhibit "X" he tried to point out that cash credit is not received by the appellants and the appellants are not responsible to make payment of any amount to the respondent Bank.
Whether particular amount of loan facility i.e. cash credit was enjoyed by the appellants, whether the amount was actually withdrawn from the bank, what was the mode of the withdrawal and whether it was really received by the appellants or not are the questions of facts, which can not be gone into in this intra Court appeal, since the Writ Petition was rejected only on the ground of non compliance of the provisions of Section 154(2)(A) of the Act of 1960.
In our view, on merits, there is absolutely no substance in the present appeals. We are of FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD Of f i ce Notes , Of f i ce Memoranda o f Coram, appearances , Cour t (cid:25) s orde rs or d i rec t i ons COURT(cid:25) S OR JUDGE(cid:25) S ORDERS and Reg is t ra r (cid:25) s Orders . the considered view that writ cannot be issued to give bye pass to the statutory provisions of Section 154 (2) (A) of the Act of 1960.
Operative part
In the facts and circumstances of the case, both Letters Patent Appeal stand dismissed in limine. Consequently, both Civil Applications also stand dismissed. No order as to costs. (SHRIHARI P.DAVARE,J.) (S.B.DESHMUKH,J.) Dt. 19.12.2009
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: case, both Letters Patent Appeal stand dismissed
Which statutory provisions did this judgment involve?
Maharashtra Cooperative Societies Act, 1960 — s. 154(2)(A).
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.