Sharif Sultan Khan And ANR v. Branch Manager, Nagrik Co-Op. Bank Ltd. And ANR

42 wp10886-19.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10886 OF 2019 Sharif Sultan Khan and Anr.

.. Petitioners vs.

Branch Manager, Nagrik Co-op. Bank Ltd. And Anr.

.. Respondents Mr.R.S.Gothwal i/b Mr.Suraj Gothwal for the Petitioner Mr.Kishor Shrirang Patil for the respondent nos.1 and 2 CORAM: K.K.TATED & SARANG V. KOTWAL, JJ.

DATED : JANUARY 30, 2020 P.C.

Heard.

By this Writ Petition, under Article 226 of the Constitution of India, Petitioner is challenging the notice dated 21.09.2019 issued by Recovery Offcer for attaching their property.

The learned counsel for the Respondent submits that in the present proceeding, concerned offcer issued Recovery Certifcate dated 28.07.2016 under section 101 of the Maharashtra Co-operative Societies Act, 1960 for recovery of sum of Rs.31,71,892/-. He submits that said Recovery Certifcate is not challenged by the Petitioner Mohite 1/2

42 wp10886-19.odt before any authority. Therefore, said Writ Petition is not maintainable. Same is required to be dismissed with costs. At this stage, the learned counsel for the Petitioner submits that he received instruction from his client to withdraw the present Writ Petition unconditionally with liberty to take out appropriate proceeding according to law. To that effect, he has given in writing. Same is taken on record and marked 'X' for identifcation. Same is accepted. Writ Petition stands dismissed as withdrawn with liberty as prayed.

No order as to costs.

(SARANG V. KOTWAL, J.) (K.K.TATED, J.) Mohite 2/2