M/S Engineering Skill Craft Throu. Milind S Bendre v. Divisional Joint Registrar Co-Op Societies And ORS

501 wp 10943 of 2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10943 OF 2025 M/s. Engineering Skill Craft ...

Petitioner versus Divisional Joint Registrar, Co-op. Societies and Ors.

...

Respondents Mr. Shailendra S. Kanetkar with Mr. Shubham Suryawanshi, for Petitioner. Mrs. Savita Prabhune, AGP for Respondent No.1. CORAM: N.J.JAMADAR, J.

DATE :

8 AUGUST 2025 P.C.

1.

Heard the learned Counsel for the Petitioner. 2.

A recovery certificate under Section 101 of the Maharashtra Co-op. Societies Act, 1960 was issued on 18 September 2004 in the sum of Rs.97,21,680.83. In the year 2008, towards the recovery of the said amount, the properties of the Petitioner were sold.

3.

Mr. Kanetkar, learned Counsel for the Petitioner, submits that on 5 July 2025, a proclamation for sale of the attached property came to be issued after almost 20 years of the issue of recovery certificate. As there was no response to the objection filed by the Petitioner under Rule 107(19) of the Co-operative Societies Rules, 1961, the Petitioner preferred a Revision before the Divisional Joint Registrar. However, the Divisional Joint Registrar has posted the matter on 25 August 2025 without considering the prayer of the Petitioner SSP 1/2

501 wp 10943 of 2025.doc to grant interim relief. The learned Counsel for the Petitioner submitted that in terms of the sale proclamation, the sale was proposed to be held on today. However, according to his instructions, the auction sale did not materalise. 4.

Issue notice to the Respondents, returnable on 21st August 2025. 5.

Learned AGP waives service of notice for Respondent No.1 6.

In addition to notice through Court, the Petitioner is at liberty to serve Respondent Nos.2 and 3 by private service and file an affidavit of service. 7.

In the meanwhile, if the auction sale is held, the same may not be confirmed till the next date.

( N.J.JAMADAR, J. ) SSP 2/2 Signed by: S.S.Phadke Designation: PS To Honourable Judge Date: 12/08/2025 10:55:45