1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 6331 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: S. S. SHINDE, J. WRIT PETITION NO.:6331 OF 2011 *** Shila Madhukar Salve VERSUS Rajeseshivajik Gramin Bigar Sheti Ksahakari Pat Sanstha Ltd Ahmednagar And Ors *** Mr. Kasture Rajanand S., Advocate for Petitioner Mr. R.K.Temkar, Advocate for Respondent No.1. *** 1. This writ petition takes exception to the judgment and order dated 13th March, 2008 passed by the learned Judge, Cooperative Court, Ahmednagar in Dispute No. No. 897 of 2002 which is confirmed by the Cooperative Appellate Court, Mumbai, Bench at Auraqngabad in Appeal No.115 of 2008 [Exhibit-D to the compilation of this writ petition]. 2. Learned counsel appearing for the Petitioner submitted that the petitioner is not member of the Respondent Pat Sanstha. Learned counsel invited my attention to 2 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 6331 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: S. S. SHINDE, J. provisions of section 91 of the Maharashtra Cooperative Societies Act, 1960 and submitted that the dispute is maintainable qua only member of the Respondent Pat Sanstha. However, the petitioner is not member of the Pat Sanstha. Therefore, according to the learned counsel appearing for the Petitioner the petition deserves to be entertained. 3. On the other hand, learned counsel appearing for the Respondent submitted that there are concurrent findings recorded by the Courts below that the loan amount was taken by the petitioner and, therefore, this Court may not interfere in the extraordinary jurisdiction in writ jurisdiction. Learned counsel further invited my attention to paragraph 12 of the impugned judgment and submitted that the loan application at Exhibit-35, which was filed by the petitioner herein by itself shows that the petitioner 3 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 6331 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: S. S. SHINDE, J. and husband of the petitioner are nominal members of the Respondent Pat Sanstha. Therefore, according to learned counsel for the Respondent, this Court may not interfere. 4. I have given due consideration to the submissions of the learned counsel appearing for the parties. Perused the impugned judgment and order passed by the Courts below. There are concurrent findings of facts. The Court, after recording the evidence and hearing the parties, has passed the money decree. The contention of the learned counsel for the Petitioner that the petitioner was not member of the Respondent Pat Sanstha standas negated by the finding recorded by both the Courts that the Petitioner herein and her husband are nominal members of the Pat Sanstha, as stated by them in the application which was filed for disbursement of loan. In that view of the 4 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD. WRIT PETITION NO.: 6331 OF 2011 Office Notes, Office Memoranda of Coram, Court’s or Judge’s orders. appearances, Court’s orders or directions and Registrar’s orders. CORAM: S. S. SHINDE, J. matter, and in view of the concurrent finding recorded by the Courts below, I do not find any reason to interfere in the impugned judgment and order. 5. The Apex Court, time and again, reminded that, in case of money decree the Courts should be loath in interference unless extraordinary circumstances are shown. In that view of the matter, I do not find any reason to interfere. Writ petition is devoid of any merit. The same stands rejected. [S. S. SHINDE, J.] Dated:26/09/2011. ans/6331