Sonali Mane 27-WP-17802-2024.docx IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17802 OF 2024 Sangli District Central Co-operative Bank Ltd … Petitioner Versus State of Maharashtra Thr. Department of Textile And Co-operation And Ors … Respondents Mr. Bhushan Walimbe a/w Mr. Mayank Tripathi for the Petitioner. Mr. S. P. Kamble, AGP for Respondent/State. CORAM : SANDEEP V. MARNE, J. DATE : 25 FEBRUARY 2025. P.C. : 1) The Petition challenges order dated 11 July 2023 passed by the Co-operative Appellate Court, dismissing Appeal No. 21 of 2022 preferred by the Petitioner and confirming the order dated 12 January 2022 passed by the Co-operative Court, Sangli. The Co- operative Court has dismissed Dispute No. 608 of 2024 on the ground that the dispute was already dismissed qua the borrower by order dated 18 March 2015 and therefore the same could not be continued only against guarantors. 2) The Co-operative Appellate Court has relied upon judgment of this Court in Vinod S/o Chaganlal Daga Vs. ___Page No. 1 of 2 ___ 25 February 2025 MANE SONALI DILIP Digitally signed by MANE SONALI DILIP Date: 2025.02.27 11:05:14 +0530 Sonali Mane 27-WP-17802-2024.docx Shriram Chits Pvt. Ltd. 2018 (1) Mh.L.J. 575 in which it is held that once the dispute is dismissed against the borrower the same cannot be continued only against guarantors. It appears that order dated 18 March 2015 dismissing the dispute against Opponent No. 1 (borrower) has attained finality. In that view of the matter, the dispute could not be continued only against the guarantors on a standalone basis. The absence of the borrower, the liability of the borrower qua the bank cannot be established. Once the liability cannot be established, the guarantee for such liability can also not be determined by the Co-operative Court. I therefore, do not find any valid reason to entertain the present Petition. The Petition is accordingly rejected. [SANDEEP V. MARNE, J.] ___Page No. 2 of 2 ___ 25 February 2025