THE TJSB SAHAKARI BANK LTD THR. OFFICER vs AMRITLAL P SHAH AND ORS

Judgment text excerpt

wp2679-2023-J.doc AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2679 OF 2023 The TJSB Sahakari Bank Ltd., A Mumli-State Cooperative Bank, registered under the provisions of the Multi-State Cooperative Societies Act, 2002 (earlier known as the Thane Janata Sahakari Bank Ltd., and registered under the provisions of the Maharashtra ATUL GANESH Cooperative Societies Act, 1960, KULKARNI Digitally signed by ATUL GANESH through it’s officer, having it’s recovery KULKARNI Date: 2025.11.11 12:23:43 +0530 office at Madhukar Bhavan, Road No.16, Wagle Industrial Estate, Thane (West) 400 604 … Petitioner V/s. 1. Amritlal P. Shah, Age 64 years, Occupation Business, R/at:- B-3, 1st Floor, Garden View, Chandavarkar Road, Borivali (W), Mumbai – 400 092 2. A.S. Construction, 14, Laxmi Market, Ground Floor, Vartak Nagar, Pokhran Road No.1, Thane (West) 3. Surendra Pratap M. Yadav, Bungalow No.15, Runwal Plaza, Mr. Kores India Ltd., Vartak Nagar, Thane. 4. Mattuk Narayan A. Tiwari, Surve Building, Edulji Road, 1 wp2679-2023-J.doc Charai, Thane 400 601 5. Sunita P. Mishra, 11, Kamal Society, Ram Mandir Road, Thane (West) … Respondents Mr. Shadab Jain with Mr. Nikhil Rajani, and Mr. Ajay Deshmane i/by V. Deshpande & Co., for the petitioner. Mr. Sharad Bansal i/by Mr. Laxman Jain for respondent No.1. CORAM : AMIT BORKAR, J. RESERVED ON : NOVEMBER 06, 2025 PRONOUNCED ON : NOVEMBER 11, 2025 JUDGMENT: 1. The petitioner bank challenges the judgment and order passed by the Cooperative Appellate Court. By that order, the Appellate Court discharged respondent No.1 from his liability as a surety under Sections 139 and 141 of the Contract Act. 2. The petitioner is a multi state cooperative bank. It had granted various financial facilities to respondent Nos