Ambika Trading Corporation v. Anupam Cooperative Housing Society Ltd And ANR

7-WP-12439-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12439 OF 2024 Ambika Trading Corporation .... Petitioner V/s.

Anupam Cooperate Housing So. Ltd. & Anr.

.... Respondents ---- Mr.Prashant P. Kulkarni, for the Petitioner.

Mr.S.D. Rayarikar, AGP, for Respondent Nos.2 and 3-State. by NILAM SANTOSH KAMBLE Date:

2024.09.09 17:55:13 +0530 NILAM SANTOSH KAMBLE ---- CORAM : R.M. JOSHI, J.

DATE : 09th SEPTEMBER 2024 P.C:- .

Heard.

2.

The learned counsel for the Petitioner submits that, the proceedings under Section 154B(29) under the Maharashtra Co-operative Societies Act, 1960 came to be filed after 45 years. It is his submission that for the period 1985 to 2019 dues are sought to be recovered from the Petitioner. According to him while filing revision against the order of the issuance of the recovery certificate, 50% amount has been deposited by the Petitioner. He further submits drawing attention of the Court to N.S. Kamble page 1 of 2

7-WP-12439-2024.doc the order impugned to state that the Revisional Authority has failed to taken into consideration the submission of the Petitioner with regard to the delete claim of the dues. Considering the fact that the recovery is sought for the period 1985 to 2019 and there is already 50% amount of the certificate being deposited by the Petitioner, Petitioner has made out arguable case. 3.

Issue notice to the Respondents, returnable on 15th October 2024.

4.

Till next date of hearing there shall be stay to the execution of the recovery certificate dated 26th August 2022. 5.

Mr.S.D. Rayarikar, learned AGP, waives service for Respondent Nos.2 and 3.

(R.M. JOSHI, J.) N.S. Kamble page 2 of 2