IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CAO NO. 1001 OF 2010 AND MCA (Review) ST. NO. 13643/2010 IN WRIT PETITION NO. 750 OF 2000 (Smt. Rekha Divakar vs. Washim Urban Co-operative Bank Ltd. & Anr.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. NOVEMBER 24, 2010. Heard Shri Mohta, learned counsel for the applicant - petitioner. Though respondent No. 1 is served with notice for final disposal, there is no appearance. Shri Fulzele, learned AGP appears for respondent No. 2 – Co-operative appellate Court. Shri Mohta, learned counsel has pointed out that loan has been fully repaid and hence RRC cannot proceed further. He has relied upon a Certificate dated 15.09.2005 issued by Special Recovery Officer and also pass book issued by Respondent No. 1 to show that there are no outstandings. These statements are made on affidavit. This Court has disposed of Writ Petition No. 750 of 2000 on 28.04.2010. There the challenge was to the judgment dated 02.01.2000 delivered by Respondent No.1 – Co-operative Appellate Court whereby Respondent No. 1 – Bank (petitioner therein) was restrained from proceeding further with the recovery and from taking possession of vehicle. This Court has quashed and set aside that judgment. At that time, the pass book or certificate issued by Special Recovery Officer on 15.09.2005 was not pointed out to this Court. As respondent No. 1 is not appearing, it is apparent that this Court cannot decide the issue finally. However, the challenge in writ petition was only to interlocutory orders and hence Dispute under Section 91 of the Maharashtra Co-operative Societies Act, 1960, filed by present petitioner may be pending before the Cooperative Court. The applicant can point out these documents to Cooperative Court in said Dispute No. 807 of 1999 and seek appropriate orders in this respect. The applicant is given time Till 31.01.2011 to move appropriate application in this respect before the Co- operative Court, Amravati, in Dispute No. 807 of 1999. With these directions and observations, CAO No. 1001 of 2010 and MCA St. No. 13643 of 2010 are disposed of. No costs. JUDGE *GS.