Suresh Mohiniraj Kulkarni v. The State Of Maharashtra And Others

939-wp-629-21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 629 OF 2021 Suresh Mohiniraj Kulkarni ... Petitioner.

Versus

The State of Maharashtra and others ... Respondents.

....

Mr. A.T. Jadhavar, Advocate for the Petitioner. Mr.S.G. Karlekar, A.G.P. for Respondent Nos. 1 to 3. ....

CORAM : S.V. GANGAPURWALA AND SHRIKANT D. KULKARNI, JJ.

DATE : 15th JANUARY, 2021 PER COURT:- 1.

The learned counsel for the petitioner submits that the recovery certificate has been issued for recovery of unpaid salary. The said recovery certificate is forwarded to respondent Nos. 1 to 3, however no steps are taken.

2.

Learned AGP accepts notice for respondent Nos. 1 to 3. 3.

In case, the recovery certificate issued in favour of the petitioner is in force, then respondent Nos. 2 and 3 shall take appropriate steps for execution of the said recovery certificate

939-wp-629-21 expeditiously, of course if there is no other impediment. The petitioner shall point out the properties of respondent No.4. The authorities while executing recovery certificate shall consider the existence of charge / encumbrances over the properties of secured creditors and proceed further in accordance with law. The necessary steps be taken preferably within a period of six (06) months from today.

4.

The writ petition is disposed of. No costs.

( SHRIKANT D. KULKARNI ) ( S.V. GANGAPURWALA ) JUDGE JUDGE S.P. Rane