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Bombay High CourtWP/3002/2024disposed off

Gunwant Ananda Shinde v. Tejnath Pandurang Surayawanshi Spl Recovery Officer And ORS

2024-04-15Hon'Ble Shri Justice Amit Borkar2 pages

28-wp-3002-2024.doc Shabnoor

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3002 OF 2024 Gunwant Ananda Shinde ... Petitioner V/s.

Tejnath Pandurang Suraywanshi Special Recovery Officer & Ors ... Respondents SHABNOOR AYUB PATHAN SHABNOOR AYUB PATHAN Date: 2024.04.15 18:17:37 +0530 Mr. Prashant P. Kulkarni, for Petitioner.

Mrs. V. S. Nimbalkar, AGP for State/Respondent Nos.3 & 4.

Ms. Madhavi Nalawade, for Respondent No.2.

CORAM

: AMIT BORKAR, J.

DATED : APRIL 15, 2024 P.C.:

1.

The petitioner (borrower) is challenging action on the part of the Special Recovery Officer to take possession of the property bearing Room No.111, Mahatma Jyotibha Phulenagar, Priyadarshni, Sion-Chunabhatti, Mumbai - 400 022 without following procedure contemplated under Rule 107(11) (d) (iv) of the Maharashtra Cooperative Societies Rules, 1961. 2.

According to the Cooperative Credit Society, the petitioner's occupant had voluntary handed over possession of the premises to the Special Recovery Officer. However, according to the petitioner, the Special Recovery Officer has taken possession of the said

28-wp-3002-2024.doc premises from the petitioner's occupant.

3.

Once, the law requires possession to be taken by the creditor after following procedure under Rule 107(11) (d) (iv). It was obligatory on the Special Recovery Officer to take possession only after following such procedure. Therefore, the Special Recovery Officer is directed to re-deliver possession of the aforesaid premises to the petitioner within two days from today. 4.

It shall be open for the Special Recovery Officer to apply before the Chief Metropolitan Magistrate for delivery of possession as per Rule 107(11)(d)(i) of the Maharashtra Cooperative Societies Rules, 1961. If such application is filed, the Chief Metropolitan Magistrate shall decide such application within three weeks from filing of such application.

5.

The petitioner is at liberty to file fresh petition in relation to challenge arising out of proceeding under Section 101 of the Maharashtra Cooperative Societies Act, 1960.

6.

With this modification, the writ petition stands disposed of. No costs.

(AMIT BORKAR, J.)