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Sangli District Central Co-Operative Bank Ltd v. The State Of Maharashtra And ORS

2024-02-01Hon'Ble Shri Justice Rajesh S. Patil , Hon'Ble Shri Justice A.S. Chandurkar3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1222 OF 2024 LAXMI SUBHASH SONTAKKE Sangli District Central Co-operative Bank Ltd. .. Petitioner LAXMI SUBHASH SONTAKKE Date: 2024.02.02 11:19:27 +0530

Versus

The State of Maharashtra & Ors.

.. Respondents Adv. Bhushan Walimbe for the Petitioner.

Mr. A. I. Patel, Addl. GP a/w M. S. Bane, AGP for the Respondent Nos. 1 to 4.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE :FEBRUARY 01, 2024 P. C.

1.

The above Writ Petition is filed inter-alia challenging the order dated 18th March, 2019 passed by Respondent No.2 as well as order dated 14th November, 2022 passed by Respondent No. 4, under which, the property which is mortgaged to the Petitioner-Bank is attached and now going for sale to recover the dues as per order dated 18th March, 2019 passed by Respondent No.2.

2.

The argument in the present Petition is that the Petitioner-Bank is a secured creditor in relation to the mortgaged property which is attached. In these circumstances Respondent No. 4 cannot sell the said property and appropriate the sale proceeds towards the dues of the sugar grower who are at the highest unsecured creditors.

3.

Mr. Bane, the learned AGP appears on behalf of Respondent Nos. 1 to 4 and waives notice. She seeks four weeks' time to file an affidavit in reply to the above Petition.

4.

Acceding to her request, we direct that Respondent Nos. 1 to 4 shall file their affidavit in reply on or before 29th February, 2024. 5.

Since Respondent No.5 is not even served by private notice, we direct the Registry to issue notice to Respondent No. 5 returnable on 29th February, 2024.

6.

In addition to the court notice, the Petitioners are permitted to serve Respondent No.5 by private notice as well.

7.

As far as interim relief is concerned, we direct that until further orders, the Respondents shall not initiate and/or continue any coercive action [including sale] in respect of the secured property which forms subject matter of the present petition.

8.

Stand over to 29th February, 2024.

9.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or [ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]