1 wp8131 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.8131 OF 2008 Ramesh T.. Manghnani & Ors. ...Petitioners vs. Vasantdada Shetkari Sahakari Bank Ltd. ...Respondent Mr.Y.Y.Jadhav for the petitioners Mr.Shivajirao Masal for the respondent no.1 CORAM :A.S.OKA,J. DATE :DECEMBER 23,2010 P.C.: 1 Heard the learned counsel for the petitioners. The challenge in this writ petition under Article 227 of the Constitution of India is to the Award made by the Co- operate Court which has been confirmed in appeal by the Co-operative Appellate Court. The present petitioners are opponent nos. 7 and 8 to a dispute filed by the first respondent under section 91 of the Maharashtra Co- operative Societies Act,1960. The dispute was filed for recovery of the loan advanced by the first respondent to the second respondent and its his partners. The petitioners are the guarantors who secured repayment of the loan. 2 The contention of the petitioners is that the property of the petitioners has been mortgaged by way of co-lateral security and hence the first respondent has to proceed against the assets of the borrowers. 3 The Courts below have held that the fact that the 2 wp8131 amount was borrowed by the second respondent from the first respondent has been established and it is also established that the petitioners are guarantors who guaranteed the repayment of the loan. 4 It must be stated that the petition was adjourned repeatedly for settlement. On the last occasion, a suggestion was made to the petitioners to show bona fides by depositing a reasonable amount. The learned counsel for the petitioners states that the petitioners have not responded. 5 In view of the findings of fact of the Courts below, no interference is called for. Writ petition is rejected. JUDGE