Sheth Vallabhdas Meghji Charitable Trust v. The Special Recovery And Sales Officer And ANR

902-WP15955-2025.doc MPB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15955 OF 2025 Sheth Vallabhdas Meghaji Charitable Trust ... Petitioner V/s.

The Special Recovery & Sales Officer and Anr.

... Respondents Mr. Omar Khaiyam Shaikh a/w Mr. Sahil Salvi., for the petitioner.

Mr. Amul Jawale, for the respondent - state.

CORAM

: AMIT BORKAR, J.

DATED : NOVEMBER 26, 2025 P.C.:

1.

The present petition challenges the order of attachment issued by the Special Recovery Officer under sub-rule (11) of Rule 107 of the Maharashtra Co-operative Societies Rules, 1961. The petitioner claims to be owner of property. He states that that his adjudications are pending with the Special Recovery Officer. The order of attachment does not enable the special Recovery Officer to take possession of property. For taking possession of property, proceedings under Rule 107(d-1)(vi) of the MCS Rules, are required to be initiated.

2.

With this clarification, the petition stands disposed of. No costs.

(AMIT BORKAR, J.)