YASHOMANDIR SAHAKARI PATPEDHI 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 Cooperative 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.) Learned Counsel for petitioner has invited attention to the dispute under Section 91 of Maharashtra Co-operative Societies Act as filed by the petitioner Credit Co-operative Society for recovery of amount of Rs. 1,30,212.85 due on 31st December, 1990. Attention is also invited to the judgment of Co-operative Court dated 11th November, 1993 wherein it is recorded that respondent no.1 remained present, accepted liability, did not dispute quantum and sought installment. Accordingly, Co-operative Court permitted petitioner Bank to recover above mentioned amount with future interest upon it calculated at 18% from 1st January, 1991 and granted installment of Rs. 4000/- per month + additional monthly component towards interest amount. The payment of installment was to commence from 10th December, 1993.