1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR. WRIT PETITION NO.1396/2011 ( Anuradha Sugar Mills Ltd. .vs. The State of Maharashtra and others. ) ------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders. and Registrar's orders S/Shri C.S. Kaptan with S.J. Khandalkar Advocates for Petitioner. Shri A.S. Sonare , AGP for Respondent no.1. Shri M.V. Samarth, Advocate for Respondents no.2 and 3. CORAM : B.P.DHARMADHIKARI & P.D. KODE, JJ. DATED : JUNE 29, 2011 C.A.W. No. 1112/2011 Heard. The petitioner seeks to correct inadvertent errors in paragraph no.10 as also in prayer clause of the petition. Advocate Shri Samarth for respondents no.2 and 3 contends that the amendment sought for is mala fide and after obtaining interim orders. According to him, such amendment should not be allowed. The dispute between parties is going on since long and before Cooperative Court also. Even before this Court, this is third round of litigation. In this situation, we grant the amendment. Necessary amendment be carried out by 4.7.2011. 2 Writ Petition No. 1396/2011 Heard. We find that dispute about correct implementation of scheme for one time settlement is receiving consideration of Cooperative Court at Amravati in Dispute No. 249/2009. The question whether the guidelines issued by the Reserve Bank of India on 12.2.2003 or thereafter debarring application of OTS to loans extended to Directors or their close relatives are applicable in the present matter can be looked into by that Court. Similarly respondent no.2 the Buldhana District Central Cooperative Bank Ltd. has issued notice under Section 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement Security Interest Act, 2002 and that notice is also questioned before this Court. That issue can be also raised before the Cooperative Court in pending dispute. The petitioner is also at liberty to raise challenge to action under Section 13 (2) SARFAESI Act at appropriate stage before the Debt Recovery Tribunal. It is made clear that all objections on merits and to the jurisdiction being raised by respondents no.2 and 3 before us are kept open and can be looked into by the Cooperative Court or Debt Recovery Tribunal as and when occasion therefor arises. With this liberty to the present petitioner, the petition is disposed of. No costs. JUDGE JUDGE halwai