Nauchaitanya Nagari Co-Op. Bank Ltd. Through Officer v. State Of Maharashtra Through G.P. And ORS

by GAURI AMIT GAEKWAD Date:

2023.04.19 10:46:03 +0530 GAURI AMIT GAEKWAD 1/2 20.WP-47-2022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.47 OF 2022 Nauchaitanya Nagari Co-op. Bank Ltd.

.....Petitioner Vs.

State of Maharashtra and Ors.

.....Respondents ---- Mr. Akash Reddy i/b. Mr. Kishor Ajetrao for petitioner. Ms. Kavita N. Solunke, AGP for State - respondent. ---- CORAM : K. R. SHRIRAM & RAJESH S. PATIL, JJ.

DATED : 17th APRIL 2023 P.C. :

Petitioner is a Co-operative Bank. Respondent no.5 is a debtor of petitioner who had failed to repay the loan to petitioner. The Special Recovery and Sale Officer, Satara District Co-operative Federation, Satara had passed a recovery order dated 19th August 2017 directing recovery of Rs.15,000/- per month from the salary of respondent no.5. Since respondent no.2/3 were not implementing the order, this petition came to be filed.

Ms. Solunke relies upon an affidavit of one Vijaykumar Rakhmaji Raut, District Superintending Agriculture Officer, affirmed on 12th December 2022, in which it is stated that his office has addressed a letter dated 16th November 2022 to Taluka Agriculture Officer Jawali (Medha) to recover Rs.15,000/- per month from the salary of respondent no.5 who was at that time working as Agriculture Supervisor at Jawali Gauri Gaekwad

2/2 20.WP-47-2022.doc (Medha). The Taluka Agriculture Officer Jawali (Medha) has recovered Rs.15,000/- from the November 2022 salary of respondent no.5 and handed over the amount to petitioner. There is also an undertaking to regularly deduct Rs.15,000/- per month from the salary of respondent no.5 for recovery of the loan amount and paying it over to petitioner. In the circumstances, in our view, nothing remains in the petition.

Petition accordingly disposed.

(RAJESH S. PATIL, J.) (K. R. SHRIRAM, J.) Gauri Gaekwad