Neelam Atul Thakkar v. State Of Maharashtra And 3 ORS.

spb/ 18wpl3159-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L.) NO. 3159 OF 2018 Mrs. Neelam Atul Thakkar ... Petitioner.

V/s.

State of Maharashtra & Ors.

... Respondents.

--- Mr. Naved Chawdhary, Advocate I/by M/s. Bhuta & Associates for the Petitioner.

--- CORAM : K.K. TATED & N.J. JAMADAR,JJ.

DATE : OCTOBER 16, 2018.

PC :

Heard learned counsel for the parties.

Learned Advocate for Respondent Nos.2 and 3 filed their affidavit in reply dated 15.10.2018. The same is taken on record.

By this petition, under Article 226 of the Constitution of India, the Petitioner has challenged the notice dated 25.02.2018 issued by Respondent No. 2 for attaching petitioner's Flat bearing Flat No.A/903, Mahavir Residency CHSL, LBS Marg, Mulund (W), Mumbai - 400080. It would be noted that that the notice for possession dated 25.02.2018 is Borey 1/2

spb/ 18wpl3159-18.doc issued by the Special Recovery Officer on the basis of certificate issued under section 101 of the Maharashtra Cooperative Societies Act, 1960 for recovery of Rs.2,37,26,122/- and interest thereon.

When this court declined to entertain the present petition, the learned Advocate for the petitioner submits that the petitioner may be permitted to withdraw the present petition with liberty to file appropriate proceedings i.e. a revision application. To that effect, he has given in writing. The same is taken on record and marked "X" for identification. The same is accepted.

Writ petition stands disposed of as withdrawn with liberty as prayed.

(N.J. JAMADAR, J.) (K. K. TATED,J.) .....

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