JAGDISHBHAI ISHWARBHAI ROCHANI Vs. COSMOS COOPERATIVE BANK LTD

JUDGEMENT

(1.) THE present Appeal is at the instance of the original petitioner, a debtor, and is directed against the order dated 3 rd December 2009 passed by a learned Single Judge of this Court in Special Civil Application No.9849 of 2009 and thereby the learned Single Judge rejected the writ-petition preferred by the appellant herein, challenging the notice dated 11 th September 2009 issued by the respondent ­ Bank with regard to auction of the property mortgaged with the respondent ­ Bank in the year 1999 while availing of a loan facility to the tune of Rs.7 lac.

(2.) FACTS relevant for the purpose of deciding this Appeal may be summarised as under :

(3.) MR .Dhaval D.Vyas, learned counsel appearing for the appellant, vehemently submitted that the learned Single Judge committed a serious error in holding that Section 17(4) of the Act of 1961 provides for continuation or commencement of the proceedings and saves the rights of the society, which has merged and also the rights of the transferee society. Mr.Vyas submitted that the learned Single Judge committed a serious error in taking the view that if an award or a certificate has been obtained by a cooperative bank registered under the Act of 1961, then even after the merger of the bank registered under the Act of 1961 with a Multi-State Cooperative Bank registered under the Act of 2002, the enforcement of a decree obtained under the State Act of 1961 was permissible to the Multi-State Cooperative Bank.