Shree Ganpati Jilha Krushi Audyogic Sarva Seva Sahakari Sangh Ltd., Sangli v. The Managing Director The Maharashtra State Cooperative Bank Ltd. And ORS.

Dixit

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.11116 OF 2014 The Liquidator, Tasgaon Taluka Sahakari Karkhana Ltd., (In Liquidation), Tal. Tasgaon, Dist. Sangli. .... Petitioner V/s.

The Authorised Officer and Manager, Maharashtra State Co-operative Bank Ltd., Kolhapur & Ors.

.... Respondents ALONG WITH WRIT PETITION NO.11353 OF 2014 Shree Ganpati Jilha Krushi Audyogic Sarva Seva Sahakari Sangh Ltd., Sangli .... Petitioner V/s.

The Managing Director, The Maharashtra State Co-operative Bank Ltd., Fort, Mumbai & Ors.

.... Respondents Mr. Umesh R. Mankapure for the Petitioner in WP/11116/2014.

Mr. G.S. Godbole, Sr. Counsel, i/by Mr. Bhushan A. Walimbe, for Respondent Nos.1 and 2 in both the Petitions.

Mr. Ashutosh A. Kumbhakoni, Sr. Counsel, a/w. Mr. A.M. Kulkarni and Mr. Akshay Shinde, for the Petitioner in WP/11353/2014 and for Respondent No.3 in WP/11116/2014.

CORAM : S.C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, J.J.

DATE : 20 TH APRIL, 2016.

1/2 WP-11116-14 & 11353-14.doc

P.C. :

1.

We have heard Mr. Mankapure, learned counsel appearing for the Petitioner in Writ Petition No.11116 of 2014. 2.

At the stage at which this matter is brought, namely, a conditional order is passed on an application for waiver of the condition of predeposit, we are not inclined to interfere in our writ jurisdiction. In the event, the Liquidator claims on the strength of some affidavit filed by the Secured Creditors i.e. the Maharashtra State Co-operative Bank stating that the said Bank does not stand by any private sale, then, the Liquidator is free to approach the Debts Recovery Appellate Tribunal and request it to delete the condition imposed or modify its earlier order under some changed circumstances.

3.

Granting that liberty and finding that the stage at which the matter is brought before this Court is not fit for interference, we dispose of these Petitions.

4.

We clarify that, despite voluminous record and lengthy arguments, we have not examined any of the materials placed before this Court. [DR. SHALINI PHANSALKAR-JOSHI, J.] [S.C. DHARMADHIKARI, J.] 2/2 WP-11116-14 & 11353-14.doc