The Liquidation Committee Bhudargad Nagari Sahakari Patsanstha Ltd v. Jaganath Vinayak Dhopeshwarkar And ANR.

902-ia2465-23.doc vai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION INTERIM APPLICATION NO.2465 OF2023 IN WRIT PETITION NO.8997 OF 2003 WITH PUBLIC INTEREST LITIGATION NO.196 OF 2004 VASANT ANANDRAO IDHOL Date: 2023.05.06 14:23:36 +0530 VASANT ANANDRAO IDHOL The Liquidation Committee, Bhudargad Sahakari Patsanstha Ltd.

...Applicant / Respondent No.2

IN THE MATTER BETWEEN :

V/s.

Jagannath V. Dhopeshwarkar & Ors.

...Petitioners

V/s.

State of Maharashtra & Ors.

...Respondents

Mr.Tejesh Dande with Mr.Pratik Sabrad i/b Tejesh Dande & Associates for the Applicant.

Mr.Ashutosh Kulkarni, Amicus Curiae in PIL No.196 of 2004. Mr.P.P. Kakade, Government Pleader with Mr.B.V. Samant, AGP for the State - Respondent.

Mr.Anil B. Prabhu - Applicant in person in IA No.1985 of 2019 and IA No.392 of 2020 and WP No.8997 of 2003.

CORAM : R.D. DHANUKA & GAURI GODSE, JJ.

DATE : 3RD MAY, 2023.

P.C. :- 1.

By this Interim Application, the Liquidation Committee i.e. Bhudargad Sahakari Patsanstha Ltd. Seeks approval in prayer clause (a) of the Interim Application for the reasons recorded and the 1/2

902-ia2465-23.doc explanation rendered in various paragraphs of the Interim Application. We have heard learned counsel for the Applicant and also the Amicus Curiae appointed by this Court. Our attention is also invited to the order dated 10 January, 2023 passed by the Division Bench of this Court granting similar reliefs thereby accepting the proposals made by the Liquidation Committee so as to comply with the recommendation made by the learned Amicus Curiae. 2.

For the reasons recorded in the Interim Application, the proposals made by the Applicants and accorded by the Amicus Curiae in paragraphs 7 to 16 are accepted. The Interim Application is made absolute in terms of prayer clause (a).

3.

The Liquidation Committee to take further steps so as to comply with the recommendation made by the Amicus Curiae in the Interim Application and if any amount is required to be paid, the same shall be released within four weeks from the date of this order. All parties as well as the Liquidation Committee to act on the authenticated copy of this order.

4.

Place Interim Application No.1985 of 2019 and Interim Application No.392 of 2020 along with matter on 23 June, 2023. (GAURI GODSE, J.) (R.D. DHANUKA, J.) 2/2