Special Recovery And Sales Officer, Nishant Multistate Co-Op. Credit Society Ltd. Akola And ANR v. Shevam S/O Jugalkishore Kothari

(1) 929cra27.23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL REVISION APPLICATION NO. 27 OF 2023 Special Recovery and Sales Officer and anr__ Vs. ___Shevam Jugalkishor Kothari --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders --------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Mr. J.B.Gandhi, Advocate for the applicant Mr. M.G.Sarda, Advocate for non-applicant CORAM :

AVINASH G. GHAROTE, J.

DATE : 30/06/2023 1] On 23.6.2023 the following position was recorded.

It is contended that since the claim in the plaint is for a declaration that the property is not liable to be attached by the defendant /applicant for the amount claimed to be outstanding from the vendors of the plaintiff/respondent, in view of the attachment of the immovable property by the present applicant under the provisions of Rule 107 Sub-rule 9 of the MCS Rules, the remedy available would be only to raise an objection to the attachment under Sub-rule 19(a) of Rule 107 of the MCS Rules and therefore, the bar under Section 164 of the MCS Act would be attracted.

Reliance is placed upon Special Recovery

(2) 929cra27.23 Officer/Sales Officer Dr. Annasaheb Chougule Urban Co.Op. Bank Ltd. Vrs.

Suhas Balkrishna Shete and ors, 2014 (3) Mh.L.J. 859.

2] Mr. Sarda. Learned counsel for the non-applicant/plaintiff concedes to the position that the remedy available to the plaintiff is to file an objection under Rule 107 (19) of the MCS Rules before the Recovery Officer, in view of which the bar under Section 163(3) of the MCS Act, would clearly be attracted and the suit filed would not be maintainable, in view of which the impugned order dated 22.10.2021 below Exh.12 is hereby quashed and set aside and the application below Exh. 12 is allowed.

3] Revision is allowed in above terms. No costs.

JUDGE Rvjalit Digitally sign byRAJESH VASANTRAO JALIT Location: