1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR WRIT PETITION NO. 5448 OF 2010. Mohan Ganeshrao Choukhande -: VERSUS :- The State of Maharashtra and others. 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. DATED : NOVEMBER 25, 2010. Heard Shri V.G. Bhambhurkar, learned Counsel for petitioner, learned A.G.P. for respondent nos. 1 and 2 , Shri A.M. Ghare, learned Counsel for respondent no.3 and Shri A.S. Kilor, learned Counsel for respondent no.4.. Shri Bhambhurkar, learned Counsel contends that respondent no.4 is a defaulter and circular dated 29.06.2010 issued by respondent no.3 Bank cannot have the effect of curing that disqualification. The postponement of repayment is only for fiscal purpose and as loan has not been repaid, as per terms and conditions of its disbursement, the nomination paper of respondent no.4 ought to have been rejected. 2 Shri Kilor, learned Counsel for respondent no.4 and learned A.G.P. for respondent nos. 1 and 2 are supporting the impugned order. Shri Ghare, learned counsel for respondent no.3 is supporting the petitioner. He states that the interest amount due and payable on 31.03.2010 has not been cleared and hence, respondent no.4 is defaulter. A certificate having O.W.No.50PAR/290 dated 13.11.2010 signed by the Branch Manager of Branch Parsapur, is produced by Shri Bhambhurkar, learned counsel for petitioner. The original is retained on record. Shri Ghare, learned Counsel for respondent no.3 has also produced a statement of accounts [Photostat copy] signed by the said Branch Manager as certified copy and also a photostat copy of certificate which mentions amount of interest outstanding as on 31.03.2010, 30.09.2010 and 31.10.2010. This Photostat copy of certificate issued by the very same Branch Manager is also having O.W.No. 50PAR/290 dated 13.11.2010. The Photostat copies are retained on record. Shri Kilor, learned Counsel for respondent no.4 has produced before this Court, certificate in original issued by the Senior Regional Manager of respondent no.4 3 Bank at Taluq Achalpur dated 16.11.2010. It has O.W.No. 50/ACP/1413 and it mentions that loan amount outstanding from Society of respondent no.4 and interest upon it is to be paid by 31.03.2011. From all this it is apparent that some disputed questions arise in the matter which cannot be come into by this Court. Petition is, therefore, rejected, with liberty to petitioner to take further appropriate steps in the matter, in accordance with the law. No costs. JUDGE Rgd.