wp6061-6062-10F.sxw 1 spb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6061 OF 2010 1. New Kishor Mill, through its Proprietor- Ravindra Lalchand Oswal & Ors. ... Petitioners. V/s. The Goregaon Co-operative Urban Bank Ltd., ... Respondent. --- WITH WRIT PETITION NO. 6062 OF 2010 1. Ravindra Lalchand Oswal & Ors. ... Petitioners. V/s. The Goregaon Co-operative Urban Bank Ltd., ... Respondent. --- Mr. C.G.Gavnekar for the Petitioners in both the Petitions. Mr. V.M. Joshi for the Respondent. --- CORAM:- G.S. GODBOLE, J. DATED :- 18TH NOVEMBER, 2011. P.C. : 1 Heard Mr. Gavnekar, Advocate for the Petitioners and Mr. Joshi, Advocate for the Respondent. wp6061-6062-10F.sxw 2 2 Mr. Gavnekar submits that since the Respondent Bank had earlier filed proceedings under section 101, which were dismissed and the Revision Application filed by the Respondent Bank was also dismissed, which orders have been confirmed by the learned single Judge of this Court in W.P. Nos. 6917/2008 and 6918/2008, the Petitioners should not be made to contest the Appeals in which the delay has been condoned by the impugned orders. He alternatively submits that false reasons have been given for condonation of the delay. 3 On the other hand Mr.Joshi submits that the impugned orders are discretionary orders and because of the fact that the Bank is under liquidation, the Officers were busy in recovery proceedings which has caused delay. 4 I have considered the rival submissions. It is no doubt true that proceedings under Section 101 and Revision under Section 154 were both dismissed. It is also true that the Writ Petitions were also dismissed and the Trial Court has now dismissed the dispute. The order of dismissal of the dispute amounts to a decree and substantive Appeal is maintainable under the 1960 Act. Reasons for the delay are plausible and possible reasons and the learned Judge of the Appellate Court has taken a possible view. wp6061-6062-10F.sxw 3 Merely because the delay is condoned, the learned Judge cannot overlook the fact that in proceedings under section 101, a finding has been recorded that the loan is not disbursed. Whether it is open to the Co-operative Court to entertain the dispute on the disputed issues is a matter which will have to be gone into by the learned Judge of the Appellate Court in the light of the provisions of the Act and the precedents, if any, which may be brought to the notice of the learned Judge. Subject to the aforesaid clarification, no case is made out for interference in the extra-ordinary jurisdiction under Article 227 of the Constitution of India. 5 Hence, rejected subject to the above clarification. [G. S. GODBOLE, J.]