SADANAND BELVALKAR Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule. The only issue arise in this petition is whether order passed by the Maharashtra State Co-operative Appellate Court, Mumbai bench at Pune in Revision Application No. 27 of 2019 dtd. 17/12/2019 is open for interference in a supervisory jurisdiction under Article 227 of the Constitution.

(2.) The order under challenge was passed on the Revision application filed by Vidya Sahakari Bank limited (hereinafter referred to as said bank). Present Petitioner is Respondent therein. He is one of the guarantor to the loan sanctioned by the bank to the borrower M/s Mbells Labs present Respondent No. 3.

(3.) The bank has obtained recovery certificate on 14/7/2017 under Sec. 101 of Maharashtra Co-operative Societies Act, 1960. The present Petitioner being guarantor to the loan has filed a dispute on 10/6/2018 before Co-operative Court Pune by taking recourse to the provisions of Sec. 91 of Maharashtra Co-operative Societies Act, 1960. There is Government Resolution dtd. 25/11/2017 issued by the Government of Maharashtra Department of Corporation. By that resolution guidelines are given to the Urban Co-operative banks in respect of one time settlement towards the dues. The guarantor/Petitioner made grievance before the Co-operative Court that bank has not accepted his proposal for one time settlement vide letter dtd. 23/02/2018 (whereas in fact bank itself vide notice dtd. 23/11/2017 has advised to participate in OTS) and hence he sought direction from the Co-operative Court to bank. He made following request -