M/S. Reshma Internationall Prop. Mr. Haresh D Mahajan And ANR v. Sanjay Benke, Recovery Officer, The National Co-Op. Bank And ANR

1 14-WP 852-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.852 OF 2019

1. M/s. Reshma International.

] Prop. Mr. Haresh Damodar Mahajan.

]

2. Mrs. Jayshree Haresh Mahajan.

]

Versus

1. Sanjay Benke, ] Recovery Officer, ] The National Co-Operative Bank Ltd., ]

2. Government of Maharashtra.

] ... Respondents Mr. Shashank C. Thatte a/w Ms. Ketaki Asgaonkar for Petitioners. Ms. Asha Bhuta for Respondent No.1.

Mr. A. P. Vanarase, AGP for State - Respondent No.2. CORAM :- INDRAJIT MAHANTY & SARANG V. KOTWAL, JJ.

DATE :- 22 FEBRUARY, 2019 P. C. :- 1.

This Petition is preferred by the Petitioners challenging the attachment order dated 09/01/2019. The Petitioners are also seeking other reliefs.

2.

Learned Counsel for the Respondent No.1 states that the Respondent No.1 shall consider whether the benefit of one time URS 1 of 2

2 14-WP 852-19.odt settlement scheme can be granted to the Petitioners. The learned Counsel for the Petitioners submits that in the meantime, he will raise objection under Rule 19(a) of Rule 107 of The Maharashtra CoOperative Societies Rules, 1961. Therefore, we grant time to both the parties to consider this. The Petitioners shall file their objections within a period of three weeks and the objections shall be considered within two weeks thereafter. Pendency of the consideration of objections shall not come in the way of taking any decision in respect of giving benefit to the Petitioners under the one time settlement scheme / settlement talks.

3.

In this view of the matter, the Petition stands disposed of. 4.

The other contentions, as raised, have not been considered by us and are left open for consideration at an appropriate stage. (SARANG V. KOTWAL, J.) (INDRAJIT MAHANTY, J.) URS 2 of 2