Vikram Chandrakant Godase v. State Of Maharashtra Thr The Sub Divisional Officer And ORS

21-WP1393-2024.doc VRJ

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1393 OF 2024 Digitally signed by VAIBHAV RAMESH JADHAV Date:

2024.02.05 18:33:15 +0530 VAIBHAV RAMESH JADHAV Vikram Chandrakant Godase ... Petitioner V/s.

The State of Maharashtra Through Sub-Divisional Officer & Ors.

... Respondents Mr. Dipak Shinde for the petitioner.

Ms. M. S. Srivastava, AGP for the State.

CORAM

: AMIT BORKAR, J.

DATED : FEBRUARY 5, 2024 P.C.:

1.

The petitioner is challenging an order passed by the Circle Officer in exercise of power under Sub-rule 11(d-1) of Rule 107 of the Maharashtra Cooperative Societies Rules, 1961 to take possession of attached property.

2.

Prima facie, it appears that the execution is based on recovery certificate under section 101 for amount of Rs.27,03,211/- along with interest at 15% per annum from 1 April 2018.

3.

According to the petitioner, he has deposited an amount of Rs.37,57,662/-, in addition to that he has deposited amount of Rs.5,00,000/- in the last year. He undertakes to deposit balance

21-WP1393-2024.doc amount within four weeks from today.

4.

Hence, till 4th March 2024, there shall be ad-interim relief in terms of prayer clause (c).

5.

It is made clear that if the petitioner fails to deposit balance amount within four weeks from today, the ad-interim relief shall stand vacated.

6.

Stand over to 4th March 2024.

(AMIT BORKAR, J.)