FARAD CONTINUATION SHEET NO.: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE WRIT PETITION NO.8908 OF 2007 ------------------------------------:---------------------------------- Office Notes, Office Memoranda of : Court’s or Judge’s orders. coram, appearances, Court’s orders : or directions and Registrar’s : orders. : ------------------------------------:----------------------------------- Mr.Amit B.Borkar, for the petitioner. CORAM: D.B.Bhosale,J. DATED: 07.02.2008 P.C.: Heard learned counsel for the petitioner. This petition is directed against the judgment and order dated 15.6.2007 passed by the Co-operative Appellate Court by which an appeal filed by the petitioner challenging the order of the Co-operative Court came to be dismissed. The petitioner-society had filed a dispute against Udaysingh Sitaram Patil, original opponent no.2, for recovery of the amount of Rs.1,92,013/- and interest on the said amount. It appears that during pendency of these proceedings, Udaysingh Patil expired and his heirs were brought on record. This court is informed, that Udaysingh Patil, as Chairman of respondent-opponent no.1-society, had, in writing dated 12.2.1997 (Exhibit-3/12), accepted the liability to pay the said amount which admittedly the society was liable to pay. In view thereof, Mr Borkar, learned counsel for the petitioner, submits that having accepted the liability in writing, it is open for the petitioner to recover the said amount from the legal heirs of Udaysingh Patil. It appears, the document dated 12.2.1997 was not signed by Udaysingh Patil in his individual capacity or as a guarantor but it was written on behalf of the society, he being the then Chairman of the said society. Keeping that in view the courts below seem to have dismissed the dispute, holding that Udaysingh Patil or his heirs cannot be held liable to pay the said amount on the basis of the said document. In my opinion, the order cannot be faulted warranting interference by this court in its writ jurisdiction under Article 227 of the Constitution of India. The writ petition is dismissed. Dismissal of this writ petition, however, shall not preclude the petitioner society to adopt any other remedy, as may be available in law, to recover the said amount. (D.B.Bhosale, J.)