Vishnu Tukaram Sarang And ANR. v. The Deogad Urban Co-Op. Bank Ltd. ,Through Its Chairman/Secretaryy

1 8.12568.17 wp.doc ISM

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12568 OF 2017 Vishnu Tukaram Sarang and another .....Petitioners V/s.

The Deogad Urban Co-op. Bank .....Respondent Ltd. through its Chairman/Secretary Mr. Kishor S. Patil for the Petitioner Mr. Abhijit Adagul for respondent CORAM :

NITIN W. SAMBRE, J.

DATE :

JUNE 10, 2019.

P.C.

A recovery certificate issued under Section 101 of The Maharashtra Co-operative Societies Act, 1960 (Hereinafter referred to as 'the said Act') was confirmed in Revision under Section 154 of the said Act. As a consequence, Trawler was attached and auctioned.

The petitioner before the Co-operative Appellate Court sought an injunction thereby restraining present respondent-bank from

2 8.12568.17 wp.doc auctioning the said Trawler which was rejected by an order dated 14/09/2017. As such, this petition.

It is brought on record by the respondent-bank through their affidavit that the Trawler in question was already auctioned and handed over to successful bidder.

In view of the aforesaid statement made in para 6 of the affidavit-in-reply, in my opinion, nothing remained to be considered so as to injunct respondent-bank from auctioning the Trawler. As such, petition stands disposed of as infructuous. However, considering the fact that respondent-bank has not disclosed the details of auction purchaser of the Trawler in question and the consideration for which the same was auctioned, it will be appropriate to direct respondent-bank to disclose such information to the petitioner through a letter issued by Registered post A.D. within period of 6 weeks from today.

3 8.12568.17 wp.doc With above observations, petition stands disposed of. [NITIN W. SAMBRE, J.]