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Bombay High CourtWP/1205/2016disposed offdismissed for default

Rekha Dipak Sonwane v. The State Of Maharashtra And Others

2017-11-21Hon'Ble Shri Justice Nitin W. Sambre2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

AURANGABAD BENCH, AURANGABAD WRIT PETITION NO. 1205 OF 2016 REKHA DIPAK SONWANE

...Petitioner

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

...Respondents

WITH WRIT PETITION NO. 1208 OF 2016 RAJENDRA SAHADU SONWANE

...Petitioner

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS

...Respondents

...

Advocate for Petitioners : Mr. Nagode D.G.

Mrs. V.N.Patil Jadhav, AGP R/1 and 2 Mr. Tarde Vivek V For R/4 Mr. Kadam Vishant P. For R/3 R/4 ...

CORAM : NITIN W.SAMBRE, J.

DATE : 21st November, 2017 PER COURT : - Heard learned counsel for the petitioners in both the petitions.

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The petitioners-borrowers have questioned the order of attachment of salary passed pursuant to the provisions of Rule 107 of the Maharashtra Cooperative Societies Rules. 3.

It appears that the petitioners, as borrowers, have suffered adjudication for a loan obtained in 1991. 4.

The fact remains that the order delivered against the petitioners, in the dispute, has attained finality. 5.

In the wake of above, I hardly notice any reason to cause interference, particularly on the humanitarian ground, as is sought to be canvassed in the light of ill-health of the son of the petitioner. 6.

Both the petitions, as such, lack merit and stand dismissed.

7.

This will not preclude the petitioners from approaching the respondent-Cooperative Society with a prayer for one time settlement, particularly having regard to the loan amount. the rate of interest and the outstanding amount shown as on today. 8.

In view of hardship expressed by the petitioners, it is expected of the respondent-Cooperative Society to deal with such application, expeditiously.

[NITIN W.SAMBRE, J.] dbm