Drat Mumbai Court September 2004 Judgments

Bharati Sahkari Bank Ltd. Vs. the South Indian Bank Ltd. and ors.

Court: DRAT Mumbai

Reported in: II(2005)BC60

1. This Misc. Appeal is filed by the appellant/original defendant No. 3 Bharati Sahakri Bank Ltd. being aggrieved by the order dated 19.7.2004 passed by the learned Presiding Officer of Debts Recovery Tribunal, Pune on Exhibit No. 1 Original Application No. 238 of 2003. By the impugned order, the learned Presiding Officer rejected the application made by appellant Bank and held that the Debts Recovery Tribunal had jurisdiction to entertain and decide the claim against the appellant Bank. It is this order which is challenged by the appellant Bank by way of filing this appeal before the Appellate forum.2. I have heard Mr. Khurjekar for the appellant Bank and Mr. Kaushik for the respondent No. 1 Bank. I have also gone through the proceedings and the relevant provisions of the law with respect to giving of a notice, before filing of the suit, under Section 115 of the Multi State Co-operative Societies Act, 2002, so also under Section 164 of the Maharashtra Co-operative Societies Act, 1960...