WP 851/07 1 SSK/1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 851 OF 2007 Mahalaxmi Co-operative Bank, Kolhapur. ....Petitioner Versus Dilip Yashwantrao Atigre & Ors. ...Respondents Mr. G. S. Godbole, Advocate for the Petitioner. CORAM : R. V. MORE, J. DATED : 25th AUGUST, 2010. P.C.: Heard learned Counsel for the Petitioner. 2. The Petitioner filed a dispute bearing C.C.S. No.461 of 1998 in Co-operative Court for recovery of Rs.9,69,026.66 paise with further interest @ 22% p.a. from 28th March, 1998 till realisation of thearrears. The Trial Court decreed the dispute. The Petitioner was held entitled to recover Rs. 8,00,000/- from the Respondents jointly and severally with simple interest @ 20% p.a. from its advancement till filing of the present dispute and interest @ 13% was awarded for the period during the pendency of the suit and towards future interest on principal amount of Rs.8,00,000/-. WP 851/07 2 SSK/1 3. The above award of the Co-operative Court was challenged by the Respondents by filing an appeal before the Co-operative Appellate Court. The appeal was restricted to the rate of interest only. By the impugned order, the interest from the date of disbursement of loan till filing of dispute was reduced from 20% p.a. to 18.5% p.a.. 9% interest p.a. was awarded for the period, in which the dispute was pending and 6% interest p.a. was awarded from the date of the award i.e. future interest. The interest till filing of the dispute @ 18.5% p.a. was awarded by an agreement as disclosed in paragraph 5 of the impugned order. So far as the interest during the pendency of the dispute and future interest is concerned, the Appellate Court found that though the principal amount is Rs.8,00,000/-, the Respondents have made deposit of total amount of Rs.11,00,000/-. The Appellate Court also took into consideration all the facts and circumstances, and bonafides of Respondents in depositing the amount from time to time and assurance for total payment within three months. I find that the Co-operative Appellate Court has exercised the discretion under provisions of section 34 of the Code of Civil Procedure, 1908. I also find that this discretion is exercised judicially. In these facts and circumstances, I am not inclined to interfere with the impugned order in writ jurisdiction of this Court under Article 227 of the Constitution of India. The Petition is, therefore, dismissed. (R. V. MORE, J.)