IN THE JUDICATURE OF HIGH COURT AT BOMBAY BENCH AT AURANGABAD 38 WRIT PETITION NO. 13571 OF 2019 Prakash Parasad Torde And Others VERSUS The Shahada Peoples Co Operative Bank Ltd ... Advocate for the Petitioner : Mr. Salunke Pradeep B. Advocate for Respondent : Mr. Savale Amit S. ... CORAM : ROHIT W. JOSHI, J. Dated : September 29, 2026 PER COURT :- 1. Ex-parte judgment and award dated 16/01/2014 , passed by the learned Cooperative Court, Jalgaon, in Dispute No. 10 of 2010, was set aside by judgment and order dated 27/08/2019, passed by the learned Judge, Cooperative Court, Jalgaon, in Miscellaneous Application No. 03/2018. 2. The learned Cooperative Court restored the dispute to its original file by setting aside the ex-parte judgment and award, by imposing a condition upon the present petitioner/respondent to deposit 50% of the amount as awarded by the learned Cooperative Court by the aforesaid judgment. 3. The petitioner filed Revision No. 56 of 2019 before the learned Maharashtra State Cooperative Appellate Court, Aurangabad Bench, Aurangabad, challenging the condition directing the deposit of 50% of the amount. The said revision came to be dismissed by judgment and Page 1 of 3 2026:BHC-AUG:45504 38 WP 13571-2019 order dated 23/10/2019. The order passed by the learned Cooperative Appellate Court and the order passed by the learned Cooperative Court, to the extent of direction for deposit of 50% of the amount as a condition for setting aside the ex-parte judgment and award, are challenged in the present petition. 4. The learned Advocate for the petitioner states that there were three similar matters filed against respondent No.1 – The Shahada People's Cooperative Bank Limited, in which similar orders were passed. The learned Advocate contends that by judgment dated 16/02/2026 passed in Writ Petition Nos. 13648 of 2019 and 13649 of 2019, this Court has set aside the condition of deposit of 50% of the amount as imposed by the learned Cooperative Court. 5. Perusal of the judgment dated 16/02/2026 demonstrates that this Court has held that when the learned Cooperative Court had found that the ex-parte award was required to be set aside by granting an opportunity to the petitioner to contest the dispute, the condition of deposit should not have been imposed. 6. In view of the reasons recorded in the judgment dated 16/02/2026 delivered in Writ Petition Nos. 13648 of 2019 and 13649 of 2019, the present petition will have to be allowed by setting aside the condition of deposit of 50% of the decretal amount as imposed by the learned Cooperative Court, which is confirmed by the learned Page 2 of 3 38 WP 13571-2019 Cooperative Appellate Court. 7. Hence, the following order : (a) The order dated 27/08/2019 passed by the learned Judge, Cooperative Court, Jalgaon, in Miscellaneous Application No. 03/2018, to the extent of imposing the condition of deposit of 50% of the decretal amount for setting aside the ex-parte judgment and award dated 16/01/2014 passed in Dispute No. 10 of 2010, and the judgment and order dated 23/10/2019 passed by the learned Maharashtra State Cooperative Appellate Court, Mumbai Bench at Aurangabad, in Revision No. 56 of 2019, are quashed and set aside. (b) The ex-parte judgment and award dated 16/01/2014 passed in Dispute No. 10 of 2010 is hereby quashed and set aside without imposing any condition. Dispute No. 10 of 2010 is restored to the file of the learned Cooperative Court, Jalgaon. (c) The learned Cooperative Court, Jalgaon, is requested to decide Dispute No. 10 of 2010 at the earliest and preferably within a period of six months from today. (d) The amount deposited by the petitioner in this Court along with accrued interest, if any, be remitted to the learned Cooperative Court, Jalgaon. ( ROHIT W. JOSHI, J. ) vj gawade/-. Page 3 of 3