Anjali A Mehata Through Gpa Prashant Bahubali Shaha v. The State Of Maharashtr And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 9058 OF 2016 Smt. Anjali W/o. A. Mehata, Through General Power of Attorney holder Prashant Bahubali Shaha .. Petitioner

Versus

The State of Maharashtra and others .. Respondents Mr. Arvind Deshmukh, Advocate for the Petitioner. Mrs. M. A. Deshpande, Addl.G.P. for Respondent Nos. 1, 2, 4 and 5.

Mr. V. D. Hon, Senior Advocate i/b. Mr. A. V. Hon, Advocate for Respondent No. 3.

CORAM: S. V. GANGAPURWALA & R. G. AVACHAT, JJ.

DATE:

th DECEMBER, 2018 PER COURT :

1.

We have heard Mr. Deshmukh, learned Advocate for the petitioner and Mr. Hon, learned Senior Advocate for the respondent.

2.

Today affidavit is filed by respondent no. 3 clarifying that the petitioner and her family

2 wp 9058.16 members hold 340 fixed deposit receipts with the society for the total amount of Rs.61,92,615/- and out of the said amount Rs. 48,85,992/- is paid back to the petitioner and the family members. According to the learned Advocate for the petitioner, the fixed deposit would also carry further interest.

3.

The statement is made in the affidavit by the liquidator that an amount of Rs.17,34,60,473/- is paid to 24,172 depositors. The further process is being undertaken to auction the properties and also other steps are taken to recover the amount. 4.

Mr. Hon, the learned Senior Advocate submits that as and when recovery is made, the amount would be paid on pro rata basis.

5.

It appears that the liquidator is taking steps to recover the amount and makes payment to the depositors. The liquidator may continue to recover the amount and pay to the depositors. The process be expedited by the liquidator.

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With these observations, the writ petition is disposed of. No costs.

[R. G. AVACHAT, J.] [S. V. GANGAPURWALA, J.] marathe