BHARATI SAHAKARI BANK LTD.versusHARISHCHANDRA RAMCHANDRA PIMPUTKAR AND ORS.

Neeta Sawant                                                   905-WP-6233-2004.docx


                IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                             CIVIL APPELLATE JURISDICTION


                             WRIT PETITION NO. 6233 OF 2004


Bharati Sahakari Bank Ltd.                                         ….. Petitioner
               : Versus :
Harishchandra Ramchandra Pimputkar
and Ors.                                                           …. Respondents


Mr. Jaydeep Deo, for the Petitioner.
Ms. S.D. Chipade, AGP for State.




                                                 CORAM : SANDEEP V. MARNE, J.
                                                 DATED :    10 SEPTEMBER 2026.
P.C :


1)                   The limited grievance raised by the Petitioner is about the
Divisional Joint Registrar (Revisional Authority) conflating the issues
relating to two loans disbursed by the Petitioner-bank to M/s. Mahalaxmi
Car Accessories (Rs.2,00,000) and Mr. Harishchandra Pimputkar
(Rs.6,00,000).              It is Petitioner-bank’s case that the loan sanctioned and
disbursed to M/s. Mahalaxmi Car Accessories has been duly repaid and a
Certificate to that effect was issued by the Bank to the borrower. M /s.
Mahalaxmi Car Accessories was the proprietary concern of Mr.
Harischandra Pimputkar.                 The bank had additionally and separately
sanctioned a different and distinct credit facility of Rs.6,00,000 /- to Mr.

_____________________________________________________________________________
                                PAGE NOS. 1 of 3
                             Thursday, 10 September 2026
Neeta Sawant                                           905-WP-6233-2004.docx


Harishchandra Pimputkar. It is Bank’s contention that the borrower-
Mr. Harishchandra Pimputkar has defaulted in repayment of the said
loan of Rs.6,00,000/-. However, the Revisional Authority has conflated
the two loans and has taken into consideration the No-Dues Certificate
issued in respect of the loan of M/s. Mahalaxmi Car Accessories of
Rs.2,00,000/- for the purpose of recording discharge in the case of Mr.
Harischandra Pimputkar whose loan of Rs.6,00,000/- still remained
unpaid.        Therefore, the bank has requested for remand of the
proceedings of Revision Application No. 153/94-95 to the Revisional
Authority for reconsideration of liability to repay the loan amount of
Rs.6,00,000/- by Mr. Harishchandra Pimputkar. It appears that the
Petitioner had approached the Divisional Joint Registrar to correct the
order dated 4 October 1995 passed in Revision Application No. 153 /94-
95 who by order dated 2 March 2000 rejected the request.


2)              It appears that an order of remand was previously made by
this Court vide order dated 31 October 2012. However, order passed by
this Court on 31 October 2012 was challenged by the contesting
Respondents before the Hon’ble Apex Court by filing Civil Appeal No.
1824 of 2015. The order passed by this Court on 31 October 2012 is set
aside by the Hon’ble Apex Court observing that the contesting
Respondents were not heard while passing the said order. Accordingly,
the Writ Petition is directed to be reheard after grant of opportunity of
hearing to the contesting Respondents.


3)              Accordingly, after restoration of the petition, notices were
issued to the contesting Respondents on 21 February 2020. However,
the contesting Respondents have failed to appear before the Court.
Hearing of the petition was repeatedly adjourned awaiting appearance on
_____________________________________________________________________________
                                PAGE NOS. 2 of 3
                             Thursday, 10 September 2026
                      Neeta Sawant                                           905-WP-6233-2004.docx


                      behalf of the contesting Respondents. This Court also directed service of
                      private notices on the contesting Respondents. Despite service of notice,
                      as well as private notices, Respondents have failed to remain present
                      before the Court.


                      4)             In my view, the Bank’s contention about No-Dues
                      Certificate in respect of the loan of Rs.2,00,000/- disbursed to M /s.
                      Mahalaxmi Car Accessories getting confused with the                     loan of
                      Rs.6,00,000/- disbursed to Mr. Harishchandra Pimputkar deserves to be
                      examined in detail by the Revisional Authority. For that purpose, the
                      proceedings deserve to the remanded to the Revisional Authority for
                      being decided afresh. Whether loan of Rs.6,00,000 /- disbursed to Mr.
                      Harishchandra Pimputkar is indeed repaid or not needs to be re-
                      examined by the Revisional Authority. The petition accordingly succeeds
                      in part.


                      5)             The orders dated 4 October 1995 passed in Revision
                      Application No. 153/94-95, as well as order dated 2 March 2000 are
                      accordingly set aside. Revision Application No. 153/94-95 is remanded
                      to the Joint Registrar for being decided afresh on its own merits.


                      6)             The Petitioner-bank shall appear before the Revisional
                      Authority on 29 September 2026.          After issuance of notices to the
                      contesting Respondents, the Revision Application shall be decided afresh
         Digitally
         signed by
         NEETA        by the Revisional Authority on its own merits. All contentions of the
NEETA    SHAILESH
SHAILESH SAWANT
SAWANT Date:          parties are expressly kept open. The Writ Petition is disposed of in above
         2026.09.11
         10:22:07
         +0530        terms.

                                                                   [SANDEEP V. MARNE, J.]

                      _____________________________________________________________________________
                                                      PAGE NOS. 3 of 3
                                                   Thursday, 10 September 2026