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In the High Court of Judicature at Bombay

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In the High Court of Judicature at Bombay Bar & Bench (www.barandbench.com) Rane 1/84 PIL-6-2015 22.8.2019 IN THE HIGH COURT OF JUDICATURE AT O! A" CRI!INAL APPELLATE JURI#DICTION PU LIC INTERE#T LITIGATION NO. 6 OF 2015 Surinder Mohan Arora, + Age : 57 years, residing at + Plot No.33/13, A-Wing, Kiran + Chandra, CHS Ltd.Manish Nagar + Near Four Bunglows, Andheri (West) Mumbai-400 053. ) ….Pe1&1&(ne% V/s. 1. Maharashtra State Co-operative) Bank Ltd., An unregistered bank, ) having its Head Office at Sir + Vithaldas Thackersey Memorial + Building 9, Maharashtra Chamber + of Commerce Lane, Fort, + Mumbai-400 001. Represented + by its Administrators. + 2. The Chief General Manager + National bank of Agriculture and ) Rural Development, having its Head) Office at Plot No.24, `G' Block, + Bandra-Kurla Complex, Bandra (E) ::: Uploaded on - 22/08/2019 ::: Downloaded on - 22/08/2019 16:45:36 ::: Bar & Bench (www.barandbench.com) Rane 2/84 PIL-6-2015 22.8.2019 Mumbai-400 051. + 3. The Commissioner for Co-operation and Registrar of Co-operative + Societies, Maharashtra State + New Central office Building, + Pune-411 001. + 4. The Chief General Manager, + The Reserve Bank of India, Central) Office, S.B.S. Marg, Mumbai-400 001 5. The Central Bureau of Investigation 120-B, 101 Floor, Tanna House + Nathalal Parikh Road, Colaba + Mumbai-400 005. + 6. State of Maharashtra + Through the Principal Secretary + Co-operative Department, Government of Maharashtra, Mantralaya + Mumbai. + 7. State of Maharashtra + Through the Chief Secretary, + Government of Maharashtra + Mantralaya, Mumbai. + 8. Union of India, The Secretary + ::: Uploaded on - 22/08/2019 ::: Downloaded on - 22/08/2019 16:45:36 ::: Bar & Bench (www.barandbench.com) Rane 3/84 PIL-6-2015 22.8.2019 Ministry of Law Department, + 9. The Secretary, Ministry of + Agriculture, Department of + Agriculture and Co-operation + 10. Ministry of Finance, Banking ) Secretary,Government of India + Jeevan Deep, III Floor, + Parliament Street, New Delhi + 11. Manikrao M. Patil, the then + Chairman, Borgaon, Tal. Walwa + Dist. Sangli + 12. Nilesh @ Balasaheb V. Sarnaik) then Vice Chairman, Vasantnagar + Tarabai Park, Kolhapur + 13. D.M. Mohol, the then Managing) Director B/201, Kailas Parbat + Co.op Hsg. Soc. Santacruz + Mumbai. + 14. Arvind N. Poreddewar, the then) Director, Aarmori, Tal. Aarmori ) Gadchiroli + 15. Nitin Suresh Patil, the then + ::: Uploaded on - 22/08/2019 ::: Downloaded on - 22/08/2019 16:45:36 ::: Bar & Bench (www.barandbench.com) Rane 4/84 PIL-6-2015 22.8.2019 Director, 25, Parvati, New + Samarth Nagar, Aurangabad + 16. Vasantrao Natha Shinde, the + then Director, Lengere, Tal. + Khanapur, Dist. Sangli + 17. Rajvardhan R. Kadambande, the) then Director, Torkheda,Tal. + Shahada, Dist. Dhule + 18. Yashwantrao K. Gadakh,the + then Director, Sanai, Tal. + Newasa, Dist. Ahmednagar. + 19. Dr. Santoshkumar W. Korape, + the then Director, Ramkrishna + Niketan Jathar Peth, Akola. + 20. Shrinivas T. Deshmukh, the + then Director, Jawarabaggi, + Nimgaon, Tal. Chandur, Amravati ) 21. Amarsingh Shivajirao Pandit + The then Director, Shivchartra ) Subhash Road, Beed. + 22. Sunil Baburaoji Phunde, the + then Director, Indrakunj, Pragati) ::: Uploaded on - 22/08/2019 ::: Downloaded on - 22/08/2019 16:45:36 ::: Bar & Bench (www.barandbench.com) Rane 5/84 PIL-6-2015 22.8.2019 Co. Sunderwafa, Sakoli, + 23. Vijay N. Vaddettawar, the + then Director, Chimur, Tal.Chimur) Dist.Chandrapur. + 24. Ishwarlal S. Jain, the then + Director, Supari Baug, Tal. + Jamner, Dist. Jalgaon + 25. Manikrao S. Kokate, the then + Director, Somthane, Tal. Sinner ) Dist. Nasik. + 26. Rahul M. Mote, + Girvali, Tal. Bhum, Dist- + Ussmanabad. + 27. Diliprao D. Deshmukh, the then) Director, Aashiyana, Saraswati + Col.Latur, Dist. Latur + 28. Shivajirao V. Nalawade, the + then Director, 3/304, Santoshimata) Co-op Hsg. Soc. Bhatwadi + Mumbai. + 29. Jitendrasingh J. Rawal, the ) ::: Uploaded on - 22/08/2019 ::: Downloaded on - 22/08/2019 16:45:36 ::: Bar & Bench (www.barandbench.com) Rane 6/84 PIL-6-2015 22.8.2019 then Director, Jai Palace, Hawai+ Mahal, Tal. Sindkheda, Dhule. + 30. Ramprasad W. Kadam-Bordikar + the then Director, Nayanswapna, ) Jintur, Dist. Parbhani + 31. Ajit A. Pawar, the then + Director, Katewadi, Tal. Baramati) Dist. Pune. + 32. Jayant P. Patil, the then + Director, Dainik Krushival, + Veshavi, Tal. Alibaug + Raigadh. + 33. Shekhar Govindrao Nikam + the then Director, Sawarde, + Tal. Chiplun, Dist. Satara + 34. Vilasrao N. Jagtap, the then + Director, Kontyaboblad, Tal. + Jat, Dist. Sangli. + 35. Laxmanrao Pandurang Jadhav + Patil, the then Director, + Vikasnagar, Sangamnagar + Khed, Satara. + ::: Uploaded on - 22/08/2019 ::: Downloaded on - 22/08/2019 16:45:36 ::: Bar & Bench (www.barandbench.com) Rane ./84 PIL-6-2015 22.8.2019 36. Vijaysingh S. Mohite-Patil + the then Director Shivratna, + Yashwantnagar, Malshiras, + Solapur. + 37. Rajan Krishna Teli, the then + Director, Kankawali, Nath Pai + Nagar, Sindhudurg. + 38. Yogesh Baban Patil, the then + Director, Wada, Dist.Thane + 39. Suresh B. Deshmukh, the then + Director, Vaishali Hsg. Soc. + Sevagram Chowk, Vardha. + 40. D.M. @ Ravindra Deshmukh + the then Director,Shivneri + Soc. Aarni Road, Yavatmal + 41. Rajendra H. Jain, the then + Director, Near Shivmandir + Kuduva Line, Gondia. + 42. Dr. Babanrao B. Taiwade, the + then Director, Plot No.13, + Pavan Bhumi, Wardha Rd, Nagpur + 43. Pandurang P. Fundkar, the then) ::: Uploaded on - 22/08/2019 ::: Downloaded on - 22/08/2019 16:45:36 ::: Bar & Bench (www.barandbench.com) Rane 8/84 PIL-6-2015 22.8.2019 Director, Vasundhara, + Madhavnagar + Khamgaon, Buldhana. + 44. Vishwasrao Jagdevrao Shinde + the then Director, Kotgalli, + Ussmanabad. + 45. Yashwant Pandurang Patil + the then Director, Umrale, + (Khalai), Sopara, Tal.Vasai + Thane. + 46. Chendrashekhar M. Ghule Patil) the then Director, Yashwant + Co. Dahigavane, Tal.Shevgaon + 47. Diliprao Gangadhar Sopal + the then Director, Sopal + Bunglow, Aagalgaon, Barshi + Solapur. + 48. Avinash Vithalrao Aringale + the then Director, 3, Karnavati + Apt. Behind Muktidham, Nashik + 49. Kiran D. Deshmukh, the then + Director, Mauli SBI, Col. + Bajorianagar, Yavatmal + ::: Uploaded on - 22/08/2019 ::: Downloaded on - 22/08/2019 16:45:36 ::: Bar & Bench (www.barandbench.com) Rane 9/84 PIL-6-2015 22.8.2019 50. Anandrao V. Adsul, the then + Director, 5-B, Kadamgiri Co-op + Hsg. Soc, Kandivali, Mumbai. + 51. Dhananjay M. Dalal, the then + Director, Krishnamandirward, + Bh.Dalal Complex, Bhandara. + 52. Smt. Meenakshitai P. Patil + the then Director, Aambepur + (Pezari), Po.Poinad, Alibaug + 53. Smt. Rajanitai A. Patil, the + then Director, Kej, Tal.Kej + Dist. Beed. + 54. Smt. Shailaja Jagannathrao + More, the then Director, Parijat+ Shegaon, Dist. Buldhana. + (Respondent No.11 to 54- suspended) board of Directors of the Respondent No.1) ….Re0;(n'en10 ::: Uploaded on - 22/08/2019 ::: Downloaded on - 22/08/2019 16:45:36 ::: Bar & Bench (www.barandbench.com) Rane 10/84 PIL-6-2015 22.8.2019 FFFF Mr. Satish B. Talekar, Advocate >(% the petitioner. Mr. P.K. Dhakephalkar, Senior Counsel a/w. Mr. Bhushan A. Walimbe, Advocate for respondent no.1. Mr. S.P. Bharati, Advocate for respondent no.2. Mr. Deepak Thakare a/w. Mrs. Prajakta P. Shinde, AGP for State. Mr. S.M. Gorwadkar, Senior Advocate for respondents no.17 and 33. Mr. Govardhan Kamble, Mr. Dhiren Vairagade i/by. Mahadik G Associates, Advocate >(% respondent no.11. Mr. Kushal Ambulkar h/f. Mr. Pawan Mali, Advocate for respondent no.29. Mr. Milind Sathe, Senior Advocate a/w. Mr. Joel Carlos, Advocate for respondent no.31. Mr. C.G. Gavnekar a/w. Mr. Suhas S. Deokar, Advocate for respondents no.32 and 52. ::: Uploaded on - 22/08/2019 ::: Downloaded on - 22/08/2019 16:45:36 ::: Bar & Bench (www.barandbench.com) Rane 11/84 PIL-6-2015 22.8.2019 Mr. Shrikant Paropkari, D.C.P., E.O.W. CORA! - #.C. DHAR!ADHI5ARI* G #ANDEEP#ANDEEP 5.5. #HINDE*#HINDE* JJ.JJ. RE#ER:ED ON - 31#T JUL"* 2019. PRONOUNCED ON - 22ND AUGU#T* 2019. JUDGE!ENT 7PER - #ANDEEP 5. #HINDE* J+- 1. Heard both sides. 2. Rule. Respondents waive service. / consent, rule is made returnable forthwith. 3. The present petition filed as Public Interest Litigation &0 in the interest (> the ;$92&? at large and &0 concerned 6&1) the alleged rampant corruption in the Co-operative Bank Sector, wherein Public ex-chequer's money has been looted 9/ committing various irregularities and ::: Uploaded on - 22/08/2019 ::: Downloaded on - 22/08/2019 16:45:36 ::: Bar & Bench (www.barandbench.com) Rane 12/84 PIL-6-2015 22.8.2019 fraud by the Bank. 4. / the petition, under Article 226 (> the Constitution (> India the petitioner prays >(% the following reliefs : “1. T( '&%e?1 1)e Re0;(n'en1 N(.5 1( %e,&01e% an F.I.R. a,a&n01 a22 '&%e?1(%0 an' T(; EBe?$1&<e0 &.e. e%%&n, C)a&%8an* !ana,&n, D&%e?1(%0* D&%e?1(%0* CEO* 8ana,e8en1 01a>> &n ?)a%,e (> 1)e Re0;(n'en1 N(.1 9an=* an' %e0;(n0&92e (>>&?e 9ea%e%0 an' D&%e?1(%0 (> #a=)a% 5)a%=)ana0* #((1 G&%n&0 an' (1)e% ;%(?e00&n, $n&10 6)( )a' 1a=en 2(an >%(8 1)e %e0;(n'en1 n(.1 &.e. !.C.#. 9an= an' a20( a22 e%%&n, (>>&?e 9ea%e%0 (> 1)e DCC * Pen U%9an C(-(; an= 6)( )a' 1a=en 2a%,e a8($n1 (> 2(an0 >%a$'$2en12/ >(% (>>en?e0 ?(88&11e' 9/ 1)e8 (> ?)ea1&n,* >%a$'* >(%,e%/* ?%&8&na2 9%ea?) (> 1%$01 9/ 9an=e%0 6)( a%e ;$92&? 0e%<an10* an' $n'e% 1)e %e2e<an1 ;%(<&0&(n0 (> #e?$%&1&Da1&(n A?1* 2002* P%e<en1&(n (> C(%%$;1&(n A?1* an' 1( 0$98&1 %e;(%1 (> &n<e01&,a1&(n ?a%%&e' ($1 9/ 1)e8 1( 1)&0 H(nA92e C($%1. 2. 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