(1) IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD. WRIT PETITION NO. 2723 OF 2011 Shamrao s/o. Namdeo Kulat, Age : 45 years, Occupation : Labourer, R/o. Siddheshwarwadi, .. Petitioner Taluka : Parner, (Original Opponent District : Ahmednagar. no.2) versus The District Central Cooperative .. Respondents Bank Ltd., Ahmednagar, (No.1 - Original District : Ahmednagar, Disputant & Through its Managing Director, Nos.3 to 8 - and 7 others. Original opponents) ....................... Mr. S.D. Kotkar, Advocate, for the petitioner. Mr. N.V. Gaware, Advocate, for respondent no.1 / caveator. ........................ CORAM : B.P. DHARMADHIKARI, J. DATE : 18TH APRIL 2011 (2) COURT'S ORDER : 1. Heard Adv. Mr. S.D. Kotkar, for the petitioner, and Adv. Mr. N.V. Gaware, for respondent no.1 / caveator. 2. Cooperative Court, as also, Cooperative Appellate Court have concurrently allowed recovery dispute filed by respondent no.1 / District Central Cooperative Bank. Contention of petitioner before this court is, rate of interest exceeding the contract rate cannot be allowed and in this matter, as the respondent no.1 did not approach the Liquidator for payment of interest, they are not entitled to recover any interest. Reliance is being placed upon Division Bench judgment of this court, reported at 2008(4) ALL MR 149, in the case of The Maharashtra State Cooperative Bank Ltd. Vs. State of Maharashtra & others. 3. Adv. Mr. N.V. Gaware, for respondent no.1, supports the impugned order. He points out that dispute was against respondent no.2 / Society through its Liquidator and against petitioner and other Managing Committee members. That dispute has been rightly decreed. 4. The Liquidator himself was party before Cooperative (3) Court and Cooperative Appellate Court. After hearing the parties, Cooperative Court has awarded interest. Its hands are tied down by the provisions of Section 96 of the Maharashtra Cooperative Societies Act, 1960, which require to award contractual rate of interest. In any case, Rule 91 of the Maharashtra Cooperative Societies Rules, 1961, gets attracted when claim is filed by creditor of a Society with the Liquidator. Here, creditor is not required to approach the Liquidator for redressal of grievance in so far as present present Liquidator or respondent nos.3 to 8 are concerned. The judgment of Cooperative Court fastens joint and several liability upon the Society through its Liquidator and its Managing Committee members. I, therefore, find grievance misconceived. 5. In the result, the petition is dismissed. No costs. ( B.P. DHARMADHIKARI ) JUDGE ......................... bgp/wp2723