Uttam Dashtrath Bangar v. The Union Of India And ORS

bipin prithiani 82-wp-3434.22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION BIPIN DHARMENDER PRITHIANI Date: 2022.09.23 10:19:30 +0530 BIPIN DHARMENDER PRITHIANI WRIT PETITION NO. 3434 OF 2022 Uttam Dashtrath Bangar ...

Petitioner

Versus

The Union of India & Ors.

...

Respondents ****** Mr. Vaibhav D. Kadam for the Petitioner.

Ms. P. N. Diwan, AGP for the State.

Mr. Parag Vyas a/w Ms. Karuna Yadav i/by Mr. A. A. Ansari for the Respondent No.1.

Mr. Sanjeev Deshpande i/by Mr. P. D. Puralay for the Respondent No.7.

****** CORAM: S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATE : 20th SEPTEMBER, 2022 P.C. :- .

We have heard the learned advocate for the petitioner. The learned advocate submits that the petitioner has a Fixed Deposit of Rs.26,00,000/- with the respondent no.7 and only Rs.25,000/- is paid to the petitioner. The rest of the amount is not paid. Respondent No.7 is under liquidation. The petitioner is a senior citizen. 2.

The learned counsel for the respondent no.7 submits that after the liquidator has taken over, an amount of Rs.15 Crores has been disbursed to the depositors. The amount is distributed on a prorata basis.

3.

The liquidator will have to consider the priority claims while disbursing the amount and the respondent no.7 certainly will have to

bipin prithiani 82-wp-3434.22.doc take pains to recover the amount for distribution as per the priority claims. The respondent no.7 may proceed expeditiously. 4.

In case, the amount is not being distributed by respondent no.7, in accordance with the priority claims and so also to the depositors on prorata basis, then the petitioner is at liberty to agitate afresh. 5.

Writ Petition as such is disposed of. No costs. [R. N. LADDHA, J.] [S. V. GANGAPURWALA, J.]