The Municipal Council Through Chief Officer v. The Commissioner For Co-Operation And Registrar Co-Operative Societies Maharashtra State And Others

905 CA 2748 21.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 CIVIL APPLICATION NO.2748 OF 2021 IN WP/11551/2019 WITH WP 11551/2019 THE MUNICIPAL COUNCIL THROUGH CHIEF OFFICER

VERSUS

THE COMMISSIONER FOR CO-OPERATION AND REGISTRAR COOPERATIVE SOCIETIES MAHARASHTRA STATE AND OTHERS ...

Advocate for Applicant : Mr. Bhavthankar Vivek Vasantrao AGP for Respondents/State : Mr. Y.G. Gujrathi. Advocate for Respondent Nos. 3 & 4 : Mr. V.P. Golekar h/f Mr. A.R. Joshi. Advocate for Respondent no. 5 : Mr. A.D. Rakh.

CORAM

: MANGESH S. PATIL, J.

DATE : 26.11.2021.

PER COURT :

The petitioner Municipal Council is aggrieved by the order of the Special Recovery Officer by which the State Bank of India was directed to freeze its account in view of the outstanding dues. By the order dated 21.09.2019, the Bank was directed to ensure that an amount of Rs. 75,00,000/- (Rs. Seventy Five Lakh only) is secured and preserved and the petitioner Municipal Council was permitted to operate the account for the remaining amount.

2.

The parties, that is, the Municipal Council and the respondent CoOperative Bank have now agreed to settle the dispute in view of the scheme for one time settlement. They are unanimous that the dispute would be closed if the Municipal Council pays an amount of Rs. 41,00,000/- (Fourty one lakh only ) as one time measure. They are also unanimous that the State Bank of India, branch Parali (Vaijnath) be directed to release/transfer an amount of Rs. 41,00,000/- (Rs. Fourty one lakh only) in the loan 1/2

905 CA 2748 21.odt account as mentioned in paragraph No. 2 of the reply filed by the CoOperative Bank (page No. 12). 3.

In view of the above, the State Bank of India, Branch Parali (Vaijnath) shall now transfer an amount of Rs. 41,00,000/- (Rs. Fourty One Lakh only) to the Vaidyanath Urban Co-Operative Bank Ltd. Branch Parali (Vaijnath) and on such transfer being made the petitioner-Municipal Council shall be allowed to operate its account.

4.

The Writ Petition and Civil Application are disposed of accordingly. (MANGESH S. PATIL, J.) mkd/- 2/2