YASHOMANDIR SAHAKARI PATPEDHI MARYADIT Vs. ASHOK RAJ ENTERPRISES

JUDGEMENT

(1.) - Matter was called out in first half and as nobody appeared for respondents, it was passed over. It is called out again.

(2.) CHALLENGE in this petition filed under Article 226 and 227 of Constitution of India is to the judgment and order dated 20th February, 1998 passed by Co -operative Appellate Court Bombay in Appeal No. 466/1997 remanding matter back to Co -operative Court to work out the exact liability of respondent no.1 borrower. Respondents 2 and 3 are his Guarantors.

(3.) IT is further pointed out that this judgment and order of Co -operative Court passed upon admission was then questioned almost after four years in Appeal No. 466/1997 before Co -operative Appellate Court at Bombay under Section 97 and in that appeal on 16th October, 1997 exparte stay was granted. The petitioner was advised to move an application before President of State Co -operative Appellate Court seeking transfer of matter. Accordingly, Transfer Application No. 71/1997 was filed and during its hearing the respondent no.1 agreed to repay entire amount if petitioner gave true and correct statement of accounts. In view of this as he gave away right to repay the amounts in installments and entire amount was agreed to be repaid, the petitioners agreed and President accordingly appointed one Advocate for looking into the accounts of petitioner -society and to work out the liability of respondent no.1. Court Commissioner then determined that liability at Rs. 2,58,011/ - as on 20th November, 1997 and submitted his report on 18th December, 1997.