Bombay High CourtCAW/93/2018disposed off

Harishchandra S/O Keshao Mhatre And ORS. v. Shri. Prakash Gopichand Patil

2023-10-25Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

Digitally signed by RUSHIKESH VISHNU PATIL Date:

2023.10.27 18:58:56 +0530 RUSHIKESH VISHNU PATIL R.V.Patil 1 12 WP.4356.2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4356 OF 2016 Prakash Gopichand Patil and Another ...

Petitioners.

V/s.

State of Maharashtra through Ministry of Cooperation and Others ...

Respondents.

WITH CIVIL APPLICATION NO. 93 OF 2018 .......

None for the Petitioners.

Ms R. A. Salunkhe, AGP for Respondent Nos. 1 and 3. .......

CORAM : NITIN JAMDAR, AND MANJUSHA DESHPANDE, JJ.

DATE : 25 October 2023.

P.C. :

None for the Petitioners. This petition is filed in the year 2016 by two employees of Respondent No. 2 - Bank which was brought under liquidation by the Respondent -State by issuing Government Resolution dated 24 July 2015. The Petitioners have sought direction that the dues of all retired employees of the RespondentBank should be paid in a time bound manner. On 27 November 2017 reply affidavit was filed on behalf of the Respondent- State wherein it was stated that the process of liquidation is going on and it

R.V.Patil 2 12 WP.4356.2016.doc is not possible to set a time limit.

The petition has remained pending. The liquidation order was issued eight years ago. As per the affidavit, liquidation proceedings must have taken forward and the dues would have to be paid as per the liquidation process. If the Petitioners have not received their dues as per law in last eight years, the said fact is not placed on record by way of additional affidavit. If the dues of the Petitioners are yet pending, we grant leave to the Petitioners including the Applicants/ Interveners to make necessary representation to the RespondentState. If such representation is made, same be considered as per law and as per the prioritization of claims in the liquidation process. The Writ Petition is accordingly disposed of. The Civil Application is also disposed of.

(MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)