Jalgaon Peoples Co Operative Bank Limited Through Its Authorized Officer v. The State Of Maharashtra Through The Secretary And Others

2025:BHC-AUG:31474-DB wp-13566.25 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 936 WRIT PETITION NO. 13566 OF 2025 JALGAON PEOPLES CO OPERATIVE BANK LIMITED THROUGH ITS AUTHORIZED OFFICER

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...

Mr. V.D. Hon, Senior Counsel, a/w. Mr.S.S. Kote, i/b. Mr. A.V. Hon Advocate for Petitioner.

Mr. A.B. Girase, Government Pleader for Resp. Nos. 1 to 3. ...

CORAM: SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.

DATE : 14th NOVEMBER, 2025 ORDER :

.

In view of the prayer, we had asked the learned AGP, who waives notice for respondent Nos.1 to 3, thereupon, photocopy of the communication has been produced, which is marked as "X". It is stated that in respect of the same attached property respondent No.3 had received the information that the said property is the subject matter in R.C.S. No.41 of 2024 and by order dated 8th May 2024, interim injunction was passed by the competent Court i.e. Civil Judge, Junior Division, Jalgaon.

wp-13566.25 Learned Advocate for the petitioner places on record photocopy of the certified copy of the decree in R.C.S. No.41 of 2024, which appears to have been settled before the Lok Adalat and the said suit has been disposed of accordingly. Under such circumstance, there may not be the impediment. Further, it is stated in letter Exhibit "X" that the Collector i.e. respondent No.2 in his capacity as District Magistrate has passed an order dated 23rd December 2024 under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007 and he has passed an order that the property should be transferred.

Now, if at all the same authority under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act as well as under the Maintenance and Welfare of Parents and Senior Citizens Act, 2007, has passed some contrary orders, then it is for the petitioner to take up the substantial cause and therefore, in view of these developments, which brought on record, we dispose of the Writ Petition, with liberty to the petitioner to take up the available legal proceedings.

[HITEN S. VENEGAVKAR] [SMT. VIBHA KANKANWADI] JUDGE JUDGE asb/NOV25