Tanaji Rambhau Patil v. The Nashik District Central Co-Operative Bank Limited, Nashik

hcs 1 27.caw922.17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.922 OF 2017 IN WRIT PETITION NO.11158 OF 2016 The Nashik District Central Co-operative Bank Ltd., Nashik .. Petitioner.

Vs.

The State of Maharashtra & Ors.

.. Respondents.

And Tanaji Rambhau Patil .. Applicant/Intervener Mr. Rahul Totala i/b Mr.N.P.Abhineet for the Petitioner in Writ Petition.

Mr. V.R. Patil for the applicant.

Ms. Aparna Vhatkar AGP for the Respondent No.1. CORAM : A.S. OKA & A.K. MENON, JJ.

DATED : 18TH APRIL, 2017 P.C.

1.

Heard learned counsel appearing for the applicant and learned A.G.P for the Respondent No.1.

2.

It is not in dispute that the applicant is claiming to be a purchaser of the movable property which is the subject matter of auction held on the basis of notice dated 5th May, 2016 (Exhibit-B) to the petition. Therefore, the applicant is at least a proper party to the writ petition. Accordingly, the application is allowed in terms of prayer clause (a).

3.

We direct the petitioner in the writ petition to implead

2 27.caw922.17 the applicant as party respondent no.3 by carrying out amendment within a period of one week from the date on which this order is uploaded. The Advocate for the petitioner to supply a copy of the petition to the added respondent within a period of two weeks from the date on which this order is uploaded.

4.

The application is, accordingly, disposed of. (A.K. MENON, J.) (A.S. OKA, J.)