Sanjay M. Parekh v. The State Of Maharashtra Thro. The Office Of Govt. Pleader

15 wp 10520 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10520 OF 2025 Sanjay M. Parekh ...

Petitioner versus The State of Maharashtra ...

Respondent Mr. Sanjay M. Parekh, for Petitioner.

Mr. Aadil Parsurampuria with Mr. Aalam Parsurampuria i/by Mr. Prashant Parsurampuria, for Petitioner.

Mr. B.B.Dahiphale, AGP for Respondent Nos.1 to 3. Mr. Chetan Yadav i/by R.V. and Co., for Respondent No.5. CORAM: N.J.JAMADAR, J.

DATE :

6 AUGUST 2025 P.C.

1.

Heard the learned Counsel for the parties.

2.

An arguable question is raised as to whether the Society could have levied interest on interest.

3.

The Petitioner has deposited a sum of Rs.12 Lakhs towards the principal amount indicated in the Recovery Certificate under Section 101 of the Co-op. Societies Act, 1960.

4.

Learned Counsel for Respondent Society submits that, according to his instructions, the arrears are to the tune of Rs.39 Lakhs. 5.

Issue notice to the Respondents for final disposal, returnable on 17 September 2025.

6.

Learned AGP waives service of notice for Respondent Nos.1 to 3. SSP 1/2

15 wp 10520 of 2025.doc 7.

Mr. Yadav waives service of notice for Respondent No.5. 8.

In the meanwhile, there shall be an ad-interim relief in terms of prayer clause (d) of the Petition, subject to the Petitioner depositing a sum of Rs.8 Lakhs with the Respondent No.5 Society within a period of four weeks from today. It is hereby made clear that the ad-interim relief is conditional upon the deposit of the said amount, and, in the event of default, ad-interim relief shall stand vacated.

9.

The Respondent No.5 is at liberty to file an affidavit in reply within a period of four weeks.

( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 07/08/2025 11:47:17