Sandeep Rajaram Singasane And ORS. v. Ganraj Co-Op. Credit Soc. Ltd. And ORS.

901-wp-6409.2019.doc bdp

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6409 OF 2019 Sandeep Rajaram Singasane & Ors.

... Petitioners V/s.

Ganraj Co-op. Credit Society Ltd. & Ors.

... Respondents .......

Mr. Reshant Shah a/w Mr. Aniket Jagtap i/b Lex Conseiller for the Petitioners.

Mr. Shripad Murthy a/w Mr. Abhishek Patil for the Respondents. .......

CORAM :

NITIN W. SAMBRE, J.

DATE :

4th JUNE, 2019.

P.C.:

The petition is principally addressed against the order of attachment issued in exercise of powers under Rule 107 of the Maharashtra Cooperative Societies Rules, pursuant to the execution taken out under the recovery certificate issued under Section 101 of the Cooperative Societies Act against the petitioner. 2.

The petitioner made an undertaking to this Court in Writ Petition No. 2450 of 2018 as is reflected in order dated 26th July 2018 and the fact remains that the same is not taken to its logical

901-wp-6409.2019.doc end. As a consequence, the Collector who is empowered under Section 107 of the Cooperative Societies Act issued the order impugned thereby attaching the property.

3.

The fact remains that the certificate issued under Section 101 is not questioned by the petitioner. Apart from above, there is noncompliance of the order passed by this Court on 26th July 2018 in Writ Petition No.7450 of 2018, that being so no case for inference in the extraordinary jurisdiction of this Court is made out. The writ petition is dismissed.

(NITIN W. SAMBRE, J.)