SONIA BHALCHANDRA GODASE Vs. THE STATE OF MAHARASHTRA

JUDGEMENT

(1.) The petitioners impugn the order dtd. 24/9/2024 passed by the Deputy Registrar Cooperative Societies, Solapur in Application No. Sangolabank/Kalam 101/748/2023-24, thereby granting recovery certificate under Sec. 101 in favour of the Respondent Bank.

(2.) The Respondent/Bank is registered under Maharashtra Cooperative Societies Act, 1960 ('Act of 1960' for short). The bank filed an application under Sec. 101 of the Act of 1960 for recovery of loan due from petitioners and respondent nos.4, 5 and 6. According to the Bank, petitioners and respondent nos.5 to 7 obtained loan from bank and executed loan documents like demand promissory note. Bank issued notice dtd. 30/6/2023 for recovery of loan and finally initiated proceedings for issuance of recovery certificate against petitioners and respondent nos.5 to 7.

(3.) Petitioner nos.1 and 4 appeared before the respondent no.2 and denied disbursement of loan. It is specifically pleaded that, loan is shown to be disbursed in the name of Bhalchandra Sanjay Godase and Dharmaraj Baba Borade as co-borrowers with the petitioners. However, as per by-laws of the bank, disbursement of loan is permissible to only one member at a time. There are some discrepancies as to monthly installments fixed and recommendation letter. In short it is contention of petitioners that the bank has prepared false and forged loan documents and attempting to recover loan, which was never disbursed. Petitioners took a defence that Mr. Dharmaraj Borade, who is an employee of the Bank, indulged in money lending business, is trying to recover the personal loan. According to petitioners, calculation of interest is illegal. Loan amount disbursed has been transferred in savings accounts of bank employees. Bank is required to prove the documents, which is possible in the proceedings under Sec. 91 of the Act. Unless and until dispute as to accounts is settled, certificate under Sec. 101 cannot be issued.