MAHESH PRALHAD SALUNKE Vs. BHARATI SAHAKARI BANK LTD.

JUDGEMENT

(1.) Since both the Petitions are arising out of order dated 05th February 2019 passed by the Learned Judicial Magistrate First Class, 4th Court, Pune in CC No. 155/2019 both the Petitions are heard together and being disposed of by this common judgment.

(2.) These petition takes an exception to the order dated 05.02.2019 of issuance of process passed by the Ld. Judicial Magistrate First Class, 4th Court, Pune in CC No. 155/2019.

(3.) Advocate Mr. Uday Babade appearing for the Petitioner in Writ Petition No. 2131/2019 submits that Mr. Dhananjay P. Saluke had applied for the mortgage loan with the Respondent No.1 - bank by mortgaging his property i.e. Nisarg Executive of whom he is the Proprietor. The said Dhananjay P. Saluke also obtained registration certificate in the name of Nisarg Executive as proprietorship. The said Dhananjay P. Salunke also having Form ST-2 issued by Central Board of Excise and Custom, Ministry of Finance - Department of Revenue in the name of Nisarg Executive. He is also having license to run the business in the name of Nisarg Executive as a Proprietor issued by Sub Divisional Magistrate Phaltan Sub. Div. Phaltan. Learned counsel submits that Petitioner had never obtained the loan from the Respondent No. 1 - Bank and it is Mr. Dhananjay P. Salunke who had obtained mortgage loan in the capacity of proprietor Ms. Nisarg Executive and not by the Petitioner. Petitioner has neither concern with the loan obtained by the said Dhananjay P. Saluke nor he is signatory to the cheque, hence, the order passed by the Trial Court of issuance of process deserves to be quash and set aside.