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Bombay High CourtWP/4989/2024disposed off

Vinod K Pande v. The Recovery And Sales Officer Mumbai District Central Co Op Bank Ltd.

2025-06-13Hon'Ble Shri Justice M. S. Karnik , Hon'Ble Shri Justice N. R. Borkar2 pages

2025:BHC-OS:8722-DB 905.wp.4989-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.4989 OF 2024 Vinod K. Pande and ors.

..Petitioners vs.

The Recovery And Sales Officer Mumbai District Central Co-Op. Bank Ltd.

and ors.

..Respondents WITH INTERIM APPLICATION (L) NO.16813 OF 2025 IN WRIT PETITION NO.4989 OF 2024 Vinod K. Pande ..Applicant In the matter of :

Vinod K. Pande and Ors.

..Petitioners vs.

The Recovery And Sales Officer and Ors.

..Respondents ------------ Adv. Nilesh Pandey a/w Adv. Rohan Kharat, Adv. Ajaydhar Dwivedi i/b. Adv. A. K. Upadhyay, for the Petitioners. Adv. Prafull Chipte a/w Adv. Tejaswi Nanche i/b. Adv. Medha Rane, for Respondent Nos.1 and 2.

------------

CORAM

: M. S. KARNIK & N. R. BORKAR, JJ.

DATE : 13th JUNE, 2025 P.C. :

1.

We find substance in the submission of learned counsel for Respondent Nos.1 and 2 that against the order of recovery the Petitioners have a remedy under the provisions of sub-Rule 19(a) of Rule 107 of the Maharashtra PMB

905.wp.4989-2024.doc Co-operative Societies Rules, 1961 or for taking out appropriate proceedings under Section 154 of the Maharashtra Co-operative Societies Act, 1960. Only in the interest of justice to enable the Petitioners to resort to the statutory remedies, the possession which is sought to be taken by Respondent Nos.1 and 2 on 20th June 2025 is deferred by a further period of two weeks from 20th June 2025. It is the contention of learned counsel for the Petitioners that they are neither a borrower nor a guarantor. 2.

All contentions of the Petitioners are kept open to be adjudicated before the competent forum. We have not made any observations on the merits of the matter. 3.

It is needless to mention that if in these proceedings and if an application for appropriate interim reliefs is made, the competent forum shall obviously consider the application for interim reliefs on its own merits. 4.

The Writ Petition is disposed of. Interim Application (L) No.16813 of 2025 is disposed of.

(N. R. BORKAR, J.) (M. S. KARNIK, J.) PMB Signed by: Pradnya Bhogale Designation: PA To Honourable Judge Date: 13/06/2025 20:47:34