Bhausaheb (Bhausa) Krushnarao Nikam v. Rare Asset Reconstruction Ltd And ANR

3-WP-8585-24.doc Rameshwar Dilwale

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8585 OF 2024 Bhausaheb (Bhausa) Krushnarao Nikam .. Petitioner Vs.

The Rare Asset Reconstruction Ltd & Ors.

.. Respondents ...

Mr. Abhijeet F. Khade a/w Mr. Satyajeet Dighe, Advocates for the Petitioner.

None for the respondents.

...

CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 25th JUNE 2024.

P.C. :

1.

The challenge raised in this writ petition is to the assignment of the loan amount of the petitioner by the Respondent No.2-Society in favour of the Respondent No.1. According to the learned counsel for the petitionerthe Creditor-Respondent No.2 had already approached the Co-operative Court by initiating proceedings for recovery of its dues. During pendency of the said proceedings, it was not permissible for the Society to assign the petitioner's debt to the Respondent No.1.

2.

We do not find any legal bar that prevents the Society from assigning its dues in favour of the Respondent No.1. By clarifying that the 1/2

3-WP-8585-24.doc Rameshwar Dilwale petitioner free to contest the recovery proceedings on all permissible grounds, we do not find any reason to interfere in the writ petition. 3.

The writ petition is therefore dismissed.

[ RAJESH S. PATIL, J] [A.S. CHANDURKAR, J. ] 2/2