Sambhaji Bharat Jagtap And ORS. v. Rupee Co-Operative Bank Ltd. Through Its General Manager And ORS.

by RAMESHWAR LAXMAN DILWALE Date: 2023.12.21 18:40:53 +0530 RAMESHWAR LAXMAN DILWALE

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8379 OF 2019 Sambhaji Bharat Jagtap & Ors.

.. Petitioners Vs.

Rupee Co-operative Bank Ltd. & Ors.

.. Respondents WITH INTERIM APPLICATION NO.18311 OF 2022 WITH INTERIM APPLICATION NO.18309 OF 2022 Sneha Padwal .. Petitioner Vs.

Rupee Co-operative Bank Ltd. & Ors.

.. Respondents ...

Mr. Prasad B. Kulkarni for the Petitioners.

Mr. Pratap Patil for Respondent Nos.1 & 2- Rupee Bank. Mr. Prasad Shenoy a/w Ms. Aditi Phatak, Mr. Vijay Salokhe i/by BLAC Co.-RBI.

Mr.R.P. Kadam, AGP for Respondent-State.

...

CORAM : A.S. CHANDURKAR & FIRDOSH P. POONIWALLA, JJ DATE : 19TH DECEMBER, 2023.

P.C. :

1.

The learned counsel appearing for the Respondent Nos.1 and 2 submits that the Liquidator has been appointed on the Respondent No.1-Bank on 31/10/2022. The Liquidator has thereafter taken charge of the affairs of the bank on 01/11/2022. Hence, it is submitted that the prayers made in the Writ Petition would not survive.

2.

The learned counsel for the Petitioner submits that the Petitioners have to recover various amounts that have been 1/2 908-WP-8379-19-with ia-8311-22 with ia-18309-22 ..doc Rameshwar Dilwale

deposited with the Bank. He therefore submits that such claims cannot be defeated by virtue of appointment of the Liquidator. 3.

Since a Liquidator has now been appointed on the Respondent No.1-bank, it would be necessary for the Petitioner to move the Liquidator to seek recovery of the amounts due to them. For that reason, it is not necessary to keep the present proceedings pending. The Writ Petition is thus disposed of. 4.

The Petitioners are at liberty to move the Liquidator for raising claim for the amounts due to them. If such claims are made, the same shall be considered in accordance with law expeditiously by the Liquidator.

6.

Pending Interim Applications are also disposed of. [ FIRDOSH P. POONIWALLA, J] [A.S. CHANDURKAR, J. ] 2/2 908-WP-8379-19-with ia-8311-22 with ia-18309-22 ..doc Rameshwar Dilwale