The Special Recovery And Sale Officer, Coop Dept. Govt. Of Mah Attached To Thane Bharat Sah. Bank v. Damayanti Valji Lodaya And ORS

51-ia-1150-2024.doc SA Pathan

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by SHABNOOR AYUB PATHAN Date:

2024.02.05 18:44:56 +0530 CIVIL APPELLATE JURISDICTION SHABNOOR AYUB PATHAN INTERIM APPLICATION NO.1150 OF 2024 IN WRIT PETITION NO.3583 OF 2018 The Special Recovery & Sale Officer, Cooperative Department Government of Maharashtra attached to Thane Bharat Sahakari Bank Ltd.

... Applicant In the matter between Damayanti Valji Lodaya ... Petitioner V/s.

The Special Recovery & Sale Officer, Cooperative Department Government of Maharashtra attached to Thane Bharat Sahakari Bank Ltd. & Ors ... Respondents Mr. Parag Tilak, for Applicant

CORAM

: AMIT BORKAR, J.

DATED : FEBRUARY 5, 2024 P.C.:

1.

According to the applicant/the Special Recovery & Sales Officer, he has appointed under Section 156 of the Cooperative Societies Act, 1960 for direction against the secured creditor to pay balance amount of purchase price in an auction held under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ("SARFAESI Act"). The status of applicant is that of aggrieved person under

51-ia-1150-2024.doc Section 17 of SARFAESI Act, the remedy of petitioner is to make a request before the Authorized Officer for release of amount and in case, petitioner's request is rejected, he has remedy under the provisions of the Act or Rules.

2.

Hence, by keeping right of applicant open to be agitated before the Authorized Officer, the interim application stands disposed of.

(AMIT BORKAR, J.)