Research › Search › Judgment

Bombay High Court · body

2021 DAILYLAW 2138 (BOM)

SHRI. ARUN NAMDEO PAWAR v. SHRI. G. G. BALSANE AND ORS

WP/1855/2021 · 2026-08-21

body2021

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Vaishnavi 908-WP-1855-2021 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1855 OF 2021 Shri. Arun Namdeo Pawar ...Petitioner V/s. Shri. G. G. Balsane and Ors. ...Respondents ________________ Mr. Anilkumar Patil, for Petitioner. Ms. S. D. Chipade, AGP for Respondent-State. ________________ CORAM: SANDEEP V. MARNE, J. DATED: 21 AUGUST 2026 P.C.: 1) The Petition challenges order dated 23 April 2015 passed by the Divisional Joint Registrar, dismissing revision Application No. 68 of 2013 and confirming the Award dated 5 March 2012 passed by the Liquidator, Board of Balaji Co-operative Bank Limited, Nashik. 2) I have heard Mr. Patil, the learned counsel appearing for Petitioner and Ms. Chipade, the learned AGP appearing for Respondent- State. 3) On account of a plea raised on behalf of the Petitioner that the amount due and payable by Jay Dhanalaxmi Nagari Sahakari Patsanstha Page No. 1 of 3 21 August 2026 Vaishnavi 908-WP-1855-2021 Maryadit cannot be recovered personally against the Petitioner, who was its ex-Chairman, this Court had inquired with the Respondent-State as to whether any document is executed by the Petitioner in his personal capacity concerning the loan availed by the Credit Society. Accordingly, following order was passed on 27 July 2026:- 1) It is the contention of Mr. Patil, the learned counsel appearing for the Petitioner that amount due and payable by Jai Dhanlaxmi Nagari Sahakari Patsanstha Maryadit cannot be recovered personally against the Petitioner, who was its ex- chairman. He submits that the Petitioner has not executed any document in his personal capacity concerning the loan availed by the said Credit Society. 2) However, perusal of earlier order dated 23 April 2015 passed by Divisional Joint Registrar would indicate that specific findings are recorded that the Petitioner had executed promissory note dated 7 December 1996. Order dated 23 April 2015 was set aside by this Court and proceedings were remanded for fresh decision. In the order passed in the remanded proceedings, the board of Liquidator has not recorded any finding about execution of any personal documents by the Petitioner. 3) Ms. Chipade, the learned AGP seeks time to take instructions as to whether any personal documents are executed by the Petitioner for repayment of loan advanced to the Credit Society. 4) List the Petition for further consideration on 17 August 2026. 4) Today Mr. Chipade has placed on record copy of a surety bond. The same is taken on record and marked ‘X’ for identification. The surety bond indicates that the Petitioner has undertaken joint and several liability for repayment of the loan amount sanctioned to the credit Society. The signature of the Petitioner appears at two places. He has signed in his personal capacity as well as in capacity of Chairman of the Dhanalaxmi Nagari Sahakari Patsanstha Maryadit. Thus, there is some Page No. 2 of 3 21 August 2026 Vaishnavi 908-WP-1855-2021 evidence to show that the Petitioner has signed document in personal capacity as well. In that view of the matter, there is no warrant for interference in the impugned order. 5) The Writ Petition is accordingly rejected. [SANDEEP V. MARNE, J.] Page No. 3 of 3 21 August 2026