The Maharashtra State Co-Operative Bank Limited Through Its Authorised Officer v. The State Of Maharashtra And Others

(1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 936 CIVIL APPLICATION NO.3634 of 2021 IN WP/5690/2004 WITH CA/2464/2021 IN WP/5690/2004 THE MAHARASHTRA STATE COOPERATIVE BANK LTD THROUGH ITS CHIEF OFFICER AND OTHERS

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ....

Mr R. N. Dhorde, Senior Advocate i/b Mr V. R. Dhorde, Advocate for applicant;

Mr S. K. Tambe, A.G.P. for respondents/State CORAM : RAVINDRA V. GHUGE AND ARUN R. PEDNEKER, JJ.

DATE : 16th September, 2022 PER COURT:

1.

We have considered the submissions of the learned Senior Advocate appearing for the applicant/petitioner and the learned A.G.P.

2.

With the assistance of the learned A.G.P., we have considered the affidavit-in-reply, dated 04/04/2022, filed by the District Collector, Hingoli in his capacity as a Liquidator of a Sugar Factory. We find from page 41, which is a communication to the Administrator of the Maharashtra State Co-operative Bank Ltd., Mumbai, dated 31/08/2018, vide which, the following

(2) figures are placed on record :- (a) An amount of Rs.5,86,86,426/- is paid towards the Provident Fund dues.

(b) An amount of Rs.4,26,53,403/- is disbursed amongst the workers.

(c) An amount of Rs.5,00,000/- is adjusted towards the Liquidator's expenses.

3.

This civil application has been filed by the Bank, seeking details of such disbursement of the amount since the demand of the workers is unending and they pray for some more dues. According to the learned Senior Advocate, the dues of the worker would vary from person to person and unless such dues are known, amounts cannot be disbursed amongst the workers on assumption and presumption.

4.

In view of the above, this civil application is allowed in terms of prayer clause (A), which reads as under :- "A) Grant this Civil Application and direct the Respondent No. 3 Collector/liquidator to submit the details of the appropriation of amount of Rs. 4.27 Crores to each worker already released along with list as demanded by the applicant Bank and for that purpose issue necessary orders."

(3) 5.

We expect such details to be placed before the Court on the next date.

6.

List the Writ Petition on 14/10/2022 in the 'urgent orders' category.

(ARUN R. PEDNEKER, J.) (RAVINDRA V. GHUGE, J.) sjk