Mumbai Court February 1972 Judgments
Gangadhar Dattatraya Sule Vs. the C.K.P. Co-operative Credit Bank Ltd. ...
Court: Mumbai
Decided on: Feb-01-1972
Reported in: AIR1973Bom186; (1972)74BOMLR814; (1972)9CompLJ20(Bom)
Desai, J. 1. In this petition, under Art, 227 of the Constitution the petitioner has challenged the correctness of the order of the Maharashtra State Co-operative Tribunal in Appeal No. 52 of 1966 dated July 8, 1966, whereby the Tribunal inter alia made findings against the petitioner and confirmed the order of the Authorised Officer dated January 17, 1966 whereby the petitioner was directed to pay Rs. 1,06,000/- for the loss and damages in consequence of his misfeasance and Rs. 533.33 as costs to the 1st respondent-Bank.2. The facts which require to be noticed are as follows : 3. The petitioner has been working as a Clerk in the General Department of National and Grindlays Bank. In 1949-50 the petitioner on election to the Managing Committee of the 1st respondent-Bank (hereinafter referred to as 'the Bank') was also elected as the Secretary. During the years 1950-51 and 1951-52 he was a Member of the Managing Committee of the Bank. In 1950-51, the 2nd respondent Madhusudan Shankar Kho...
Tag this Judgment!Sakharchand Bhukandas Gujarathi Vs. Punju Chintaman Wani and ors.
Court: Mumbai
Decided on: Feb-01-1972
Reported in: AIR1973Bom148; (1972)74BOMLR709
1. This appeal is directed against the order passed by the learned Assistant Judge, Dhulia, who allowed the appeal of the judgment-debtors and set aside the order of the trial Court and dismissed the decree-holders' darkhast No. 942 of 1942. The appellant obtained a money decree in Civil Suit No. 487 of 1922 on 19-9-24. he filed several darkhasts from time to time. In 1929 some other decree-holder filed darkhast No. 929 of 1929 against the present judgment-debtor for executing his decree. This was with a prayer to sell the judgment-debtor's Survey Nos. 25/1, 32/1 and 33 situate at village Jirali, district Jalgaon. In this darkhast Survey Nos. 25/1, 32/1 and 33 situate attached and brought to sale. The present appellate-decree-holder filed darkhast No. 745 of 1932 claiming to attach S. No. 55 of the judgment-debtor and for also retable distribution of S. Nos. 25/1, 32/1 and 33 in darkhast No. 929 of 1929. Under Section 73 of the Civil Procedure No. 745 of 1932 was disposed of without an...
Tag this Judgment!Sabastian D'Cruz Vs. Laxman Shreepad Deodhar and Ors.
Court: Mumbai
Decided on: Feb-01-1972
Reported in: 1973MhLJ7
1. The original mortgagor-judgment-debtor, Sabastian D'Cruz, is the appellant here, being aggrieved by the Order of the Assistant Judge, Poona confirming the order of the Darkhast Court in the darkhast filed by one Vardichand Ramchand & Co., who was the second mortgagee. The appellant D'Cruz had mortgaged his house property to one Shripad Deodhar, the first mortgagee, Respondent Nos. 1 to 4 are his heirs. The appellant subsequently executed the second mortgage in favour of one Vardichand, who is respondent No.5. T he first mortgagee Deodhar filed Civil Suit No. 126 of 1954 against the appellant. The second mortgagee Vardichand was not made a party to the suit. The first mortgagee obtained a decree in his favour. The second mortgagee Vardichand also filed in that year another suit being Civil Suit No. 357 of 1954 against the mortgagor. The second mortgagee did not make the first mortgagee a part to the suit.2. The first mortgagee, Deodhar, filed the execution proceedings against the ori...
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