Shri Balaji Nagari Sahakari Pat Sanstha Maryadit Dharangaon And Others v. The State Of Maharashtra Through Its Secretary And Others
2025:BHC-AUG:8471-DB IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.8810 OF 2023
1) Shri Balaji Nagari Sahakari Pat Sanstha Maryadit, Dharangaon, Tq-Dharangaon, Dist-Jalgaon, Through its Manager, Rajendra S/o- Mango Mahajan, Age-58 years, Occu:Service, R/o-Dharangaon, Tq-Dharangaon, District-Jalgaon,
2) The Prakashchand Jain Multi State Co-operative Credit Society Ltd., Jamner, Through its Special Recovery Officer, Vijay S/o Shrikrushna Kulkarni, Age-54 years, Occu:Service, R/o-Jamner, Tq-Jamner, District-Jalgaon,
3) The Buldhana Urban Credit Society Ltd., Buldhana, Through its Jalgaon Divisional Manager, Gopalsing S/o Supda Patil, Age-62 years, Occu:Service, R/o-Jalgaon, Tq. And Dist-Jalgaon,
4) Dr. N.M. Kabra Foundation, Jalgaon Through its President, Dr. Mahendra S/o Narayan Kabra, Age-61 years, Occu:Medical Practitioner, R/o-Life Line, Court Chowk, Jalgaon, Tq. and District-Jalgaon.
...PETITIONERS
VERSUS
1) The State of Maharashtra, Through its Secretary, Co-operative Department, Mantralaya, Mumbai-32,
2) Deposit Insurance Credit Guarantee Corporation, Head Office at Reserve Bank of India Building, 2nd Floor, Opp. Mumbai Central Railway Station, Mumbai Central, Mumbai-400 008,
3) Shri Mahesh Sahakari Bank Ltd.
Jalgaon (under Liquidation), 8, Mehar Mention, Shahunagar Housing Society, Pimprala Road, Near J.K. Pan Center, Jalgaon, Through its Liquidator.
...RESPONDENTS ...
Mr. N.D. Sonawane Advocate h/f. Mr. Abasaheb D. Shinde Advocate for Petitioner.
Mr. N.D. Batule, A.P.P. for Respondent No.1.
Mr. Ashwapratap Jonwal Advocate h/f. Mr. Dhananjay B. Thoke Patil Advocate for Respondent No.3.
...
CORAM: ALOK ARADHE, C.J. AND S.G. CHAPALGAONKAR, J.
DATE : 20th MARCH, 2025 ORAL ORDER [PER S.G. CHAPALGAONKAR, J.] :
1.
Heard learned Advocates appearing for the parties. Learned Advocate for the Petitioner seeks reliefs as per prayer Clause "B)" and "C)", which reads thus:- "B) Issue writ of Mandamus or any other writ, order or directions in the nature of writ of Mandamus, thereby directing the Liquidator who is an Government Officer of
respondent No.3 Shri Mahaesh Urban Cooperative Credit Society to forthwith take steps for payment of amount of fix deposits as per the fix deposit receipts and as per the details shown in the account extract of fix deposits.
C) Issue Writ of Mandamus or any other writ, order or directions in the nature of writ of Mandamust, thereby directing the Liquidator of respondent No.3 Shri Mahesh Urban Cooperative Credit Society to immediately take steps as per Section 105 of the Maharashtra Cooperative Societies Act, 1960 for deciding the claim of the petitioners in respect of payment of the amount fix deposits as per the fix deposit receipts and the details of amount shown in the account extract of the fix deposits."
2.
The Petitioners claim that they made fixed deposits with respondent No.3 - Shri Mahesh Sahakari Bank Limited, which is under liquidation. Respondent No.2 is presently working as liquidator. The claims of petitioners are required to be adjudicated by him in terms of Section 105 of the Maharashtra Cooperative Societies Act and the rules framed thereunder. Learned Advocate for the Petitioners submits that the Petitioners have made representation for release of the amount under fixed deposits.
3.
In that view of the matter, we deem it proper to direct respondent No.3 Liquidator to consider and decide the claims of the Petitioners within a period of EIGHT (8) WEEKS from today. 4.
With these directions, Writ Petition stands disposed of. [S.G. CHAPALGAONKAR, J.] [CHIEF JUSTICE] asb/MAR25