Writ petition filed by a bank challenging an execution court order attaching mortgaged property. Court held no prejudice was caused to the secured creditor and dismissed the petition refusing interference.
Petition dismissed without interference with the attached property order.
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(1)
IN THE HIGH COURT OF JUDICATURE AT BOMBAY, AURANGABAD BENCH, AT AURANGABAD.
WRIT PETITION NO. 131 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/wp131
2 issues framed by the court
Whether the execution court's order attaching property mortgaged to a secured creditor warrants interference in a writ petition.
Whether the petitioner has suffered prejudice in view of the mortgage interest protection.
The Maharashtra State Cooperative Bank Ltd. (Incorporating the Vidarbha Co-op. 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
