Petitioner, a secured creditor, objected to the attachment of property already mortgaged to it in execution proceedings. The High Court held the attachment did not cause prejudice and dismissed the writ petition.
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(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD.
WRIT PETITION NO. 130 OF 2011
The Maharashtra State Cooperative Bank Ltd. (Incorporating the Vidarbha Co-op. Bank Ltd.), Regional Office at Aurangabad, through Authorized Officer, Shri Dinkar s/o. Shankar Badhe. .. Petitioner.
versus Shri Dyneshwar Trust Ltd., Dyneshwar Nagar, Taluka : Newasa, District : Ahmednagar, and 2 others. .. Respondents.
Mr. V.M. Maney, Advocate, for the petitioner.
CORAM : B.P. DHARMADHIKARI, J. DATE : 11TH JANUARY 2011
(2)
COURT'S ORDER :
( B.P. DHARMADHIKARI ) JUDGE
bgp/wp130
2 issues framed by the court
Whether the High Court should interfere with the trial court's order attaching the mortgaged property in execution proceedings where the petitioner is a secured creditor.
Whether the attachment of the property causes prejudice to the petitioner's rights as a mortgagee.
The Maharashtra State Cooperative Bank Ltd.
Shri Dyneshwar Trust Ltd.
B.P. DHARMADHIKARI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
