NARENDRA S/O BABULAL KARNAWAT Vs. KANHURPATHAR CO-OP CREDIT SOCIETY LTD
LAWS(BOM)-2025-1-14
HIGH COURT OF BOMBAY (FROM: AURANGABAD)
Decided on January 21,2025

Narendra S/O Babulal Karnawat Appellant
VERSUS
Kanhurpathar Co-Op Credit Society Ltd Respondents

JUDGEMENT

- (1.)Rule. Rule made returnable forthwith. Heard finally with the consent of parties.
(2.)The judgment and order dtd. 5/5/2017 passed by Maharashtra State Co-operative Appellate Court, Mumbai, Bench at Aurangabad, in Appeal No. 32/2016 is challenged in the present writ petition.
(3.)It is the contention of the petitioner that respondent No. 1 is credit co-operative society, which is duly registered as per provisions of Maharashtra Co-operative Societies Act, 1960.
The society is in the business of banking and makes available finance to creditors and its members. Though, the petitioner at no point of time had availed any loan facility, in order to harass him, respondent No. 1 has filed false and baseless claim in the nature of Dispute No. 783/2007 before the Co-operative Court, Ahmednagar. In the said dispute, amount of Rs.5,00,419.00 was sought to be recovered from the petitioner and respondent No. 2 and 3, jointly and severally. It was claimed that the petitioner had availed loan from respondent No. 1 and after one year of the loan becoming overdue, disputant society issued notice on 2/3/2007 demanding the outstanding amount from the petitioner. The petitioner i.e. original opponent No. 1 was served with summons of dispute after which the opponent caused appearance in the dispute and filed written statement at Exhibit.

12. The opponent denied the dispute and the claims made therein. It was contended that the dispute is not legal, maintainable and also not within limitation. It was alleged that the disputant society obtained signatures on blank documents and forms and thereafter conveniently used said documents to claim that opponent had availed loan, which is outstanding.



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