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Bombay High CourtWP/406/2017disposed off

Amir A. R. Budhwani v. The Special Recovery And Sale Officer And 2 Others

2017-02-16Hon'Ble Shri Justice K.K. Tated2 pages

10 wpl 415-17=.doc FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY.

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 415 OF 2017 Office Notes, Office Memoranda of Coram, Appearances, court's orders or directions and Registrar's orders Court's or Judge's orders Mr. P. P. Kulkarni i/b A.B. Desai for the Petitioner. Mr. Shabhir T. Kapadia for Respondent Nos. 1 and 2. CORAM : K. K. TATED, J.

DATED : 16/02/2017 P.C.:

.

Heard learned Counsel for the parties.

The learned counsel for the petitioner submits that in order dated 08.02.2017 on page 2 in paragraph 6 in line No.5 instead of "Rs.35,00,000/-" it should be "Rs.15,00,000/-".

Rest of the order remains as it is. Original order shall stands corrected accordingly.

The learned counsel for the petitioner submits that as per order dated 08.02.2017, they deposited sum of Rs.15,00,000/- with the Respondent No.2. To that effect, he has placed on record photocopy of Demand Draft. Same is taken on record and marked "X" for identification.

The learned counsel for the petitioner submits that Revision Application No. 39 of 2017 is pending before the Divisional Joint Registrar, Co.Operative Sneha Chavan 1/2

10 wpl 415-17=.doc Societies, Mumbai Division, Mumbai for hearing and final disposal of on its own merits. Next date in Revision Application is 06.04.2017.

Considering this fact, Writ Petition disposed of on following terms.

a) The Divisional joint Registrar, Co.Operative Societies, Mumbai Division, Mumbai is directed to decide Revision Application No. 39 of 2017 on its own merits as early as possible.

b) Respondents are restrained from taking any further steps against the petitioner on the basis of Recovery Certificate dated 23.09.2013 issued under Section 101 of Maharashtra Co. Operative Societies Act, 1960 till the haring and final disposal of the Revision Application No. 39 of 2017.

c) Writ Petition stands disposed of accordingly.

(K.K.TATED, J.) Sneha Chavan 2/2