Partly allowed

Premji Kanji Shah v. Shramik Sahakari Bank Ltd. and Ors.

Bombay HC1 Mar 2005WP/528/2005

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged an attachment order without allowing his objection under the Maharashtra Co-operative Societies Rules to be heard. The court directed the Special Recovery Officer to consider the specific objection and disposed of the petition by granting directions. No order as to costs was made.

What did the court decide?

Directed the Special Recovery Officer to consider the Petitioner's objection under Rule 107(19) to the attachment order.

Premji Kanji Shah Vs Shramik Sahakari Bank Ltd. and Ors. — Banking and Recovery | Bombay HC (2005)

¶1

¶2

 IN THE HIGH COURT OF JUDICATURE AT BOMBAY

¶3

 O. O. C. J.

¶4

 WRIT PETITION NO.528 OF 2005

¶5

 Premji Kanji Shah ..Petitioner.
 Vs.

¶6

 Shramik Sahakari Bank Ltd. & Ors. ..Respondents.

¶7

 Mr.T.G.Vora i/b M/s.Tamhane & Co. for the

¶8

 Petitioner.

¶9

 Mr.Vijay Mane with Mr.A.S.Desai for Respondent

¶10

 Nos.1 and 2.

¶11

CORAM : DR.D.Y.CHANDRACHUD, J.

¶12

 1st March, 2005.

¶13

P.C.:

¶14

 The objection of the Petitioner is that

¶15

 an attachment has been levied in respect of Shop
 Nos.2B/2C, Chiman Niwas, Gopal Lane, M.G. Road,
 Ghatkopar (W), Mumbai 400 086 which is in the
 ownership of the Petitioner. According to the
 Petitioner the shops were given on leave and
 licence basis to the Third Respondent on 8th May,

¶16

¶17

 1997. The Petitioner has annexed to these
 proceedings, the deed of 18th February, 2002 by
 which the Petitioner obtained title to the
 premises. According to the Petitioner he was
 earlier a tenant in respect of these premises which
 were subsequently converted into ownership
 property.

¶18

 The objection of the Petitioner to the
 attachment can be considered by the Special
 Recovery Officer under Rule 107(19) of the
 Maharashtra Co-operative Societies Rules, 1961.
 The only grievance of the Petitioner is that this
 objection has not been considered and that he has
 been relegated from one forum to another. In these
 circumstances, the Petition is disposed of by
 directing the Special Recovery Officer to consider
 the objection filed by the Petitioner under Rule
 107(19) to the order of attachment. The parties
 shall appear before the Special Recovery Officer on
 7th March, 2005 for directions. The Special
 Recovery Officer shall dispose of the objection and
 pass final orders thereon on or before the end of
 31st March, 2005.

¶19

¶20

 The Petition is accordingly disposed of.

¶21

 There shall be no order as to costs.

Premji Kanji Shah v. Shramik Sahakari Bank Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

Premji Kanji Shah v. Shramik Sahakari Bank Ltd. and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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