The Special Recovery Officer The Shirdi Merchant Nagri Co-Op. Society Ltd. v. Satish Vasantrao Dhengle And Another

1 wp 1271.2022+

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 914 WRIT PETITION NO.1271 OF 2022 WITH CA/5494/2022 IN WP/1271/2022 WITH CA/8331/2022 IN WP/1271/2022 WITH WP/14860/2021 WITH WP/14858/2021 SATISH VASANTRAO DHENGLE

VERSUS

THE SPECIAL RECOVERY OFFICER THE SHIRDI MERCHANT NAGRI CO-OP. SOCIETY LTD. AND ANOTHER ...

Advocate for Petitioner: Mr. Kulkarni Suvidh S. AGP for Respondent/State: Mr. N. T. Bhagat Advocate for Respondents No.1&3: Mr. V. H. Dighe ...

CORAM :ARUN R. PEDNEKER, J.

DATE :06th SEPTEMBER, 2023 PER COURT:

1.

Heard the learned counsel for the parties.

2.

In Writ Petition No.1271 of 2022, 40% amount deposited in this court by virtue of the earlier interim order dated 25.01.2022, the respondent Bank is permitted to withdraw the same, as it is not objected nor can be objected, as it cannot be said that the petitioner has not taken the loan or that the money is not due to the Bank.

2 wp 1271.2022+ There is only dispute as regards the computation. In view of the same, the Bank is permitted to withdraw 40% amount deposited in this court. The civil application for withdrawal of amount is disposed of accordingly.

3.

As regards Writ Petition No.14858 of 2021 and Writ Petition No.14860 of 2021, the learned counsel for the petitioner submits that there is dispute as regards calculations and that he has taken loan of Rs.20,00,000/- in the year 2016 and that he would give calculations as what is the amount due within a period of two weeks from today.

4.

Stand over to 20.09.2023, after the fresh admission matters.

[ARUN R. PEDNEKER, J.] marathe