Special Recovery Officer, The Pusad Urban Co-Op. Bank Ltd., Branch Yavatmal And Another v. Shrirang Uttamrao Gholave And Others

2026:BHC-NAG:1136 1 7-wp-792-24.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

NAGPUR BENCH, NAGPUR.

CIVIL APPLICATION (CAW) NO. 2624 OF 2025 WITH WRIT PETITION NO. 792 OF 2024 M/s. Varco Buildcon, Yavatmal Vs.

Divisional Joint Registrar Co-operative Societies, Amravati and others ------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Order Coram, appearances, Court's Orders or directions and Registrar's order ------------------------------------------------------------------------------------------------ (In WP No. 792/2024) Ms. Shaad Mirza, Advocate for petitioner.

Shri N. S. Autkar, AGP for respondent nos. 1 and 2/State. Shri Abhay Sambre, Advocate for respondent nos. 3 and 4. Shri K. S. Narwade, Advocate for respondent no. 5. Shri Anand Thakare, Advocate for respondent no. 9. (In WP No. 103/2024) Shri Abhay Sambre, Advocate for petitioner.

Shri Anand Thakare, Advocate for respondent no. 1. Shri N. S. Autkar, AGP for respondent nos. 2 and 3. Shri K. S. Narwade, Advocate for respondent no. 4. CORAM :- M. W. CHANDWANI, J.

DATED :- 19.01.2026 Heard.

2.

The petition challenges the order dated 06.12.2023 passed by respondent no. 1- the Divisional Joint Registrar, Co-operative Societies, Amravati (for short, "the Registrar") in Revision No. 41/2022 whereby the auction held by the respondent no. 2- Recovery Officer was set aside under the provisions of the Maharashtra Co-operative Societies Rules, 1961.

2 7-wp-792-24.odt 3.

The petitioner is a successful bidder in the auction held by the respondent nos. 3 and 4 (hereinafter referred to as "the Recovery Officers") of the property which was owned by respondent no. 9, who defaulted repayment of the loan. It appears that, after the auction was held by the Recovery Officers, it was challenged by the respondent no. 9 before the Registrar in Revision No. 41/2022, on the ground that the price offered by the petitioners and accepted by the Recovery Officers is below the market price.

4.

It appears that the Registrar observed that since upset price was to be revised after lapse of six months from the date of determination and the same was not done in the case, therefore the order of the auction was set aside.

5.

It is common ground that now the petitioner and the respondent no. 9 have settled the dispute. The respondent no.9, who is owner of the property, now agrees to go ahead with the auction which was held by the Recovery Officers. Now, there is no grievance of the respondent no. 9, a beneficiary nor of the other respondents survives in wake of settlement between the petitioner and the respondent no.9.

6.

Hence, the order dated 06.12.2023 in Revision No. 41/2022 passed by the respondent no. 1the Divisional Joint Registrar, Co-operative Societies, Amravati is hereby set aside and the order dated

3 7-wp-792-24.odt 25.08.2022 passed by the respondent no. 2- District Deputy Registrar, Yavatmal is hereby confirmed. 7.

The petition and the application are disposed of in the above terms.

WRIT PETITION NO. 103/2024 8.

In view of the order passed in Writ Petition No. 792/2024 since there is common impugned order hence, nothing survives in the petition and it is disposed of accordingly.

(M. W. CHANDWANI, J.) Signed by: Mr. Rajnesh Jaiswal Designation: PA To Honourable Judge Date: 23/01/2026 14:27:23