1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 3838 OF 2008 (Wardha District Central Cooperative Bank Ltd. & Anr. vs. Smt. Pratibha Madhukar Gadekar & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : B.P. DHARMADHIKARI, J. DECEMBER 03, 2008. Heard Shri Nasare, learned counsel for the petitioners, Shri Parchure, learned counsel for respondents No. 1A to 1C and Shri Kankale, learned AGP for respondent No.2. After hearing Shri Nasare, learned counsel, it has become clear that the petitioner – Bank did not receive proper assistance and, therefore, could not conduct proceedings before the Cooperative Court. It further appears that the proceedings were transferred from Amravati Cooperative Court to Nagpur Cooperative Court. But then for that, the respondents cannot be punished. In the circumstances, subject to the petitioners depositing with the Cooperative Court at Nagpur, an amount of Rs. One lakh by 31.12.2008 and also subject to paying cost of Rs.5,000/- to Respondents No. 1A to 1C in the meanwhile, the 2 impugned judgment dated 24.11.2006 delivered by the Cooperative Court and dated 9.7.2008 delivered by the Cooperative Appellate Court shall stand quashed and set aside. If the amount is so deposited with costs, Respondents No. 1A to 1C are permitted to withdraw the amount of costs. The balance amount shall be invested with any Nationalised Bank by the Cooperative Court for a period of one year i.e. 31.12.2009. The party succeeding in the dispute, shall be entitled to withdraw it. The proceedings in Dispute No. 116 of 2004, so restored to the file of Cooperative Court, Nagpur, are expedited and Cooperative Court, Nagpur, to decide the same as early as possible and in any case by 31.12.2009. The parties to appear before the Cooperative Court on 22.12.2008 and to abide by its further instructions in the matter. Writ Petition is disposed of. Rule accordingly. JUDGE *GS.