RATNAGIRI DISTRICT CENTRAL CO OPERATIVE BANK LIMITED Vs. DINKAR KASHINATH WATVE

JUDGEMENT

(1.) Special leave granted. Heard learned counsel for the parties.

(2.) The only question involved in this matter is as to whether the high court was right in holding that a Letters Patent Appeal will not lie against the judgment delivered by a learned Single Judge in a petition which was filed under both the Articles 226 and 227 of the Constitution. Having gone through the judgment of the learned Single Judge and the division bench and having heard learned counsel for the parties, in our opinion, the question about the scope of Letters Patent Appeal under clause 15 has been clearly laid down by this court in a judgment reported in Umaji Keshao Meshram v. Radhikabai wherein it was observed as follows at

(3.) It is clear that so far as the present case was concerned the relief granted by the learned Single Judge clearly indicate that he was exercising jurisdiction under Article 226 and not under Article 227 of the Constitution and in this view of the matter and in the light of what has been laid down by this Hon'ble court in the judgment referred to above a Letters Patent Appeal under clause 15 would be maintainable before the division bench of the High court. The appeal is, therefore, allowed and the judgment passed by the learned division bench is set aside. The matter is sent back to the High court and it is expected that the Division bench will hear the appeal on merits and dispose it of in accordance with law expeditiously preferably within four months from today,