1 ndm 97 wp.2277.09 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2277 OF 2009 Jagdish Mallikarjun Patil Vs. Yeshwant Sahkari Kamgar Bank Ltd and ors. Office Notes, Office Memoranda of Coram, appearances, Court’s orders or directions and Registrar’s orders Court’s or Judge’s orders Mr. Ajay S.Patil for the Petitioner. Mr. Surel S. Shah for Respondent No.1. Mr. A.I.Patel, AGP for the Respondent / State. CORAM : A.S.OKA, J. DATE : 15 th December, 2010. P.C. 1 Heard the learned counsel appearing for the Petitioner and the learned counsel appearing for the 1 st respondent. Taken up for final disposal. 2 The 1 st respondent filed a dispute under Section 91 of the Maharashtra Co­operative Societies Act, 1960 against the Petitioner and three others for recovery of a sum of Rs. 15,23,255/­ together with interest. On 8 th September, 2003, the dispute was allowed and an award was made against the Petitioner and three others. 3 An appeal was preferred by the Petitioner against the said award before the Co­operative Appellate Court. On 26 th October, 2005, the appeal was dismissed for non­prosecution. 2 An application was made by the Petitioner before the Co­ operative Appellate Court for restoration of the appeal. There was a delay in filing the appeal and therefore, application for condonation of delay was made. By the impugned order, the learned Member of the Co­operative Appellate Court rejected the said application. 4 During the pendency of this petition, the Petitioner has deposited in this Court a total amount of Rs.4,00,000/­ as per the order dated 1 st December, 2010 passed by this Court. By order dated 12 th February, 2009, ad­interim relief was granted by this Court to the Petitioner subject to deposit of the amount of Rs.5,00,000/­ with the Co­operative Court. It is not in dispute that the said amount has been deposited. Thus, a total sum of Rs.9,00,000/­ has been deposited by the Petitioner against whom and three others a joint and several award in the sum of Rs.15,23,255/­ together with interest thereon has been passed by the Co­operative Court. 5 It is not in dispute that the appeal preferred by the Petitioner before the Co­operative Court was filed within limitation and that the same was admitted. The result of the impugned order is that the appeal has not been restored. During the pendency of this petition, a substantial amount of Rs. 9,00,000/­ has been deposited by the Petitioner. Therefore, Petitioner deserves to be granted an opportunity to prosecute his appeal on merits. Subject to final out come of the appeal, the 1 st respondent – Bank can be permitted to withdraw the 3 amounts deposited by the Petitioner. 6 Hence, I pass the following order: i. The impugned order dated 5 th November, 2008 is quashed and set aside ; ii. The appeal preferred by the Petitioner being Appeal No. 73 of 2004 is restored to the file of the Maharashtra State Co­operative Appellate Court ; iii. It will be open for the 1 st respondent to withdraw a sum of Rs.5,00,000/­ deposited by the Petitioner with the Co­operative Court ; iv It will be also open for the 1 st respondent to withdraw a sum of Rs.4,00,000/­ deposited by the Petitioner with this Court. v. It is obvious that withdrawal of the amounts will be subject to final result of the appeal ; vi. The appeal shall be decided as expeditiously as possible and preferably within a period of six months from today ; vii. Till the disposal of the appeal, ad­interim relief, which was operating in this petition will continue to operate ; viii. All contentions of the parties on merits of the appeal are kept open ; ix. Writ petition is disposed of on above terms. [ A.S.OKA, J ]