LAWS(BOM)-1993-8-45

MAHESH SAHAKARI BANK LTD Vs. VISHNU DATTATRAYA GHODAKE

Decided On August 13, 1993
VISHNU DATTATRAYA GHODAKE Appellant
V/S
MASHESH CO-OPERATIVE BANK LTD. Respondents

JUDGEMENT

(1.) HAVING taken up Civil Application no 3244 of 1993 filed by Vishnu Dattatraya Ghodake inter alia requesting for vacating of interim stay granted by this Court on 10-3-1993 and for other directions, the rule was issued. Mr. B. P. Apte appears for the applicant with mr. D. B. Khaire, while respondent Mahesh Co-aoerative Bank Ltd. represented by Shri Y. S. Jahagirdar and Mr. Gama, Asstt. Govt. Pleader appears for the respondent no. 5.

(2.) DURING the course of hearing of the civil application, it was found necessary to go to the merits of the writ petition itself and hence by the consent of the parties Writ Petition no 862 of 1993 was taken up for final hearing. On the request of the petitioner, respondents nos. 3 and 4 are allowed to be deleted as they are not traceable and are not likely to be traced in near future. Deletion allowed All the other respondents are represented Hence rule made returnable forthwith. Heard learned counsel.

(3.) THE applicant in the civil application is the first respondent in the main petition. A brief history of this litigation may be narrated as follows