The Nanded District Central Co Operative Bank Ltd Through Authorised Officer Sudhakar Vyankatrao Ye v. The State Of Maharashtra And Others

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3636 OF 2019 THE NANDED DISTRICT CENTRAL CO OPERATIVE BANK LTD THROUGH AUTHORISED OFFICER SUDHAKAR VYANKATRAO YEWARE

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS Mr. K. J. Suryawanshi, Advocate for petitioner. Mr. S. B. Yawalkar, AGP for respondents/State. CORAM :

S. V. GANGAPURWALA & MANGESH S. PATIL, JJ DATED : 10th JULY, 2019.

PER COURT:- 1.

Mr. Suryawanshi, the learned Advocate submits that the property of respondent No. 4 Karkhana has been auctioned. The sale proceedings are received by the Liquidator. The liquidator has moved proposal before the Commissioner of Sugar for confirmation of sale, however, the Commissioner for Sugar has not taken any further steps on proposal. 2.

It is for the Commissioner to take appropriate decision on the proposal submitted by the Liquidator. The Commissioner may take decision as may be permissible under law on the proposal submitted by the Liquidator (Exhibit 'J') on its own merits and in accordance with law, expeditiously. In that regard, the petitioner may approach the Commissioner. 3.

With regard to the contention of Mr. Suryawanshi, the learned

2 908-WP3636-19.doc Advocate for petitioner that the State Government had given guarantee to the loan and that the State Government be directed to pay the amount. The petitioner may approach the authorities of the State Government under the statute for the said purpose.

4.

Writ Petition is accordingly disposed of. No costs. All contentions are kept open.

( MANGESH S. PATIL ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.