1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, NAGPUR BENCH, NAGPUR. Writ Petition NO.29 of 2008. M/s Grahak Hit Sauraksha Samiti thro. Its Secretary. V. The State of Mah. and others. ------------------------------------------------------------ Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's Orders. Shri R. N. Patil, Advocate for the petitioner. CORAM : B. H.MARLAPALLE AND A. H. JOSHI, JJ. DATED : 23 /10/2008. 1. Heard Mr. Patil, the Learned Counsel for the petitioner which claims to be a registered Society and formed to protect the interests of the cultivators. It has filed this petition to espouse the cause of Shri Laxminarayan Baburao Nanhore who was a borrower of Parmatma Ek Sevak Nagrik Sahakari Bank Limited. As per the petitioner, he had borrowed an amount of Rs.30,000/- and had in fact, received only Rs.22,500/-. The Bank did not give any reasons as to why an amount of Rs.7500/- was deducted. The petitioner further claims that the said Borrower had received a notice from the Asstt. 2 Registrar, calling upon him to pay a sum of Rs.80,518/-. As per the petitioner, this is an illegal demand, and therefore, a representation was submitted to the Bank on 8-11-2007, and another representation was submitted to the District Dy. Registrar Nagpur. The petitioner on these allegations prays for directions to the Dy. District Registrar to make an enquiry into the illegal activities of the said Bank, and to protect the cultivators from payment of exorbitant amount shown against them, and further to take appropriate action against such officials of the Bank. 2. If the borrower has been called upon to pay any amount, and if he claims that the said recovery is illegal, he has a remedy to approach the Co-operative Court under Section 91 of the Maharashtra Co-operative Societies Act, 1960 and challenge such a recovery. Nothing stops the petitioner to assist the borrower in conducting the dispute to be filed before the Co-operative Court. The prayer made in this petition proceeds on the basis that the demand made by the Bank against 3 the borrower is illegal, when the same having not been decided by a competent forum. Whether the demand is legal or illegal is a disputed question of fact, which can be decided by leading evidence before the Co-operative Court in the proceedings initiated by the borrower. 3. Hence, the petition is disposed off with liberty to the borrower to approach the Co-operative Court or any other Forum as is available in law and if the petitioner so desires, it may assist the borrower in prosecuting such proceedings. JUDGE JUDGE SBM