MANSING ANANDRAO PATIL Vs. SANJAY RAMRAO PATIL

JUDGEMENT

(1.) Rule. Rule made returnable forthwith. With consent of parties, matter is taken up for final hearing at admission stage.

(2.) The present Writ Petition takes exception to order dtd. 30/11/2024 passed by learned Member, Maharashtra Co-operative Appellate Court, Mumbai Bench at Pune in Revision Application No.60/2024, thereby upsetting order dtd. 4/9/2024 passed by learned Judge, Co-operative Court, Satara on application Exhibit-14-A filed by respondent nos.1 and 2 under Order VII Rule 11 of Code of Civil Procedure and ultimately rejecting plaint in Co-operative Case No.284/2023.

(3.) The petitioners filed dispute in Co-operative Case No.284/2023 before Co-operative Court at Satara contending that respondent no.3 is Co-operative Society registered under provisions of Maharashtra Cooperative Societies Act, 1960 (for the sake of brevity hereinafter referred as 'MCS Act, 1960 '). The petitioners and respondent nos.1 and 2 are its members. On 22/10/2014, respondent no.1 borrowed loan of Rs.15,00,000.00 from Society. The respondent no.2 was guarantor for said loan. The loan amount was to be repaid by 22/4/2019. Since respondent no.1 failed to repay loan, respondent no.3-Society adjusted petitioners ' Fixed Deposits worth Rs.20,00,000.00 alongwith interest against loan account of respondent no.1.