Vithal Rambhajirao Bodke v. The State Of Maharashtra And Others

FARAD CONTINUATION SHEET NO.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.727 OF 2015 Vithal S/o Rambhajirao Bodke Vs. The State of Maharashtra and others Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders.

Court's or Judge's orders Mr.S.V.Warad, advocate for the Petitioner.

Mr.S.M.Ganachari, A.G.P. for the State.

CORAM : S.V.GANGAPURWALA AND K.K.SONAWANE,JJ.

Date : 08.07.2016.

PER COURT :

1.

Heard.

2.

Mr.Warad, learned counsel for the petitioner states that the property of the Manar Shetkari Ginning and Pressing Cooperative Society Ltd., was auctioned by the liquidator in the year 2008 for payment of the dues of the Bank. The surplus amount was distributed amongst the members only in the year 2014-15. However, the interest amount is not distributed. Mr.Warad, learned counsel also make submissions with regard to the manner in which the sale is conducted.

3.

Mr.Ganachari, learned A.G.P. states that the liquidator has given the details showing how the amount has been received and

thereafter distributed.

4.

The statement of account submitted does not show any interest being credited in the account of the Society. Though the auction is conducted in 2008, the purchaser has paid the entire amount only in November 2014. None of the Members have challenged the said sale. As no interest has been credited to the account, where the amount was deposited, no question arises of payment of any interest to the Members.

5.

Considering above, the Writ Petition is disposed of. No costs.

(K.K.SONAWANE,J.) (S.V.GANGAPURWALA,J.) Dt.08.07.2016.

asp/office/wp727.15