bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 7111 OF 2008 PETITION NO. 7111 OF 2008 PETITION NO. 7111 OF 2008 Ichalkaranji Urban Co-op. Bank Ltd. ... Petitioner v/s The Assistant Registrar, Co-operative Societies, Kolhapur & ors. ... Respondents Mr.Amit Borkar for the petitioner. Mr.Sameer Patil, A.G.P. for the State. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 18TH OCTOBER, 2008 18TH OCTOBER, 2008 18TH OCTOBER, 2008 P.C. P.C. P.C.: 1. The petitioner has challenged the order dated 23.5.2008 passed by the Divisional Joint Registrar, Co-operative Societies, Kolhapur Divn., Kolhapur, allowing the application filed by the respondent No.2. By the revision application, the respondent No.2 had challenged the order dated 28.12.2007 rejecting the application filed by the respondent for a direction against the petitioner for production of certain documents. The Divisional Joint Registrar has, after considering the documents, observed that since specific documents have been called for from the Bank, it could not deny the same and consequently has remanded the 2 matter to the authority for a fresh hearing. 2. Mr.Borkar for the petitioner contends that the aforesaid observations would mean that the bank would have to produce those documents which are not in its possession. He specifically states that the document at Sr.No.5 that is the registered acknowledgment slip pertaining to the loan to the tune of Rs.5 lacs is not available with the Bank and that the Bank has already produced the same before the 1st authority. However, according to the learned advocate, this is not reflected from the record of the 1st authority. 3. In my view, there is no need to disturb the order of remand except by clarifying that the bank will produce such documents as are now in its possession. If the bank does not produce any document which the respondents have called for, the authorities may draw the necessary inferences in accordance with law. 4. It is surprising that an application for recovery of a loan, filed under Section 101, is pending for almost four years. It is expected that the authority will dispose of the said application in accordance with law as expeditiously as possible. 3 5. Writ petition rejected as aforesaid.