Dr. Raju @ Ramchandra S/O Narendra Deoghare v. Government Of India, Thr. Secy. New Delhi And ORS.

30101caw2631.18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAW) NO. 2631 OF 2018 IN WRIT PETITION NOS. 1625/2006 WITH 12 OF 2009 (Dr. Raju @ Ramchandra s/o Narendra Deoghare vs. Government of India thr. its Secretary, Textile Ministry, Government of India & Ors.) _____________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions Court's or Judge's orders.

and Registrar's Orders.

CORAM : B.P. DHARMADHIKARI & S.M. MODAK, JJ.

OCTOBER 30, 2018.

Heard Shri N.R. Patil, learned AGP for the applicant/respondent No. 2.

2.

The deficit amount towards market value of land i.e. Rs.2,04,32,496/- has been deposited with the Registry of this Court on 04.01.2010. The Regional Deputy Director (Textiles), Nagpur, seeks permission to withdraw that amount and prayer is to deposit it in his account in Axis Bank, M.G. House Branch, Civil Lines, Nagpur. 3.

The land belong to a Cooperative Society which was running a Textile Mill and it has gone into liquidation. The amount received, therefore, needs to be appropriated as per law to discharge the claims which may have been proved during liquidation proceedings.

4.

The learned AGP, upon instructions, submits that dues roughly of Rs.31 lakh of Security Guard are payable.

30101caw2631.18 Though the demand for wages is turned down by the learned Single Judge of this Court, LPA against it vide LPA No. 447 of 2009 is still pending.

5.

The Liquidator was appointed in 1996 in terms of the Maharashtra Cooperative Societies Act, 1960. The liquidation proceedings needed to be completed within ten years with extension at the most of one year. We, therefore, find details given in Civil Application insufficient. 6.

With liberty to the applicant - State Government to file appropriate application disclosing how it intends to appropriate this sum and safeguard the interest of creditors/ workers, we dispose of the present Civil Application. No order as to costs.

JUDGE JUDGE *GS.