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Bombay High CourtWP/567/2020disposed off

Shivajirao Bhosale Sahakari Bank Ltd. Through Mrs. Sunita Lalasaheb Bandal And ANR v. The Divisional Joint Registrar Co-Op. Soc. Pune And ORS

2020-01-20Hon'Ble Shri Justice C.V. Bhadang2 pages

32, 33 - WP. 526, 567 - 2020 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No. 526 OF 2020 WITH WRIT PETITION No. 567 OF 2020 Shivajirao Bhosale Sahakari Bank Ltd. & Ors.

...

Petitioners Vs.

Divisional Joint Registrar, Co-operative Societies, Pune & Ors.

...

Respondents *** Mr. V. H. Narekar, for the Petitioners.

Mr. Surel Shah, for Respondent No. 1.

Mr. A. P. Vanarse, AGP for the Respondent - State. *** CORAM : C. V. BHADANG, J.

DATE : JANUARY 20, 2020 PC :

1.

Heard learned counsel for the parties for some time. Both these petitions are between the same parties and involve common question, and they are being disposed of by this common order. 2.

The Petitioners are challenging the order dated 14th January, 2020 passed by the Divisional Joint Registrar Pune Division, Pune, by which interim stay has been granted to the order dated 12th December, 2019, passed by the recovery officer of the Petitioner, attaching certain bank accounts of the second Respondent.

3.

Learned counsel for the second Respondent pointed out that 1 / 2

32, 33 - WP. 526, 567 - 2020 the account with the District Central Co-operative Bank is a salary account and the attachment of the said bank account would result into the salaries of the staff being withheld. He further points out that in any event, the District Deputy Registrar has posted the revision applications for hearing on 3rd February, 2020, which can be expedited. 4.

Learned counsel for the Petitioner points out that second Respondent has not furnished details of various accounts of the second Respondent, on account of which the Petitioner is handicapped in proceeding with recovery of the amount.

5.

In reply, learned counsel for the second Respondent states that details of all the accounts, including the salary accounts, shall be furnished to the Petitioner within a period of one week from today. The statement so made is accepted. Upon such particulars being furnished, it will be open for the Petitioners to have recourse to the remedy, as may be available in law. For the present, both writ petitions are disposed of by consent of parties, directing the District Deputy Registrar to hear and decide the revision application, as expeditiously as possible, and in any event within a period of six weeks from the receipt hereof. In the circumstances, there shall be no order as to costs. Sd/- C. V. BHADANG, J.

Vinayak Halemath Vinayak P.

Halemath by Vinayak P.

Halemath Date: 2020.01.21 17:45:10 +0530 2 / 2