Petitioners challenged notices attaching and taking possession of their co-owned premises. The Special Recovery Officer stated only symbolic possession was taken. The Court accepted the statement and disposed of the writ petition as no interference was required.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 309 OF 2013
Devkishan B. Dave and Anr. ..Petitioners. Versus Abhyudaya Co-operative Bank Ltd and Others. ..Respondents.
Mr. Mayur Khandeparkar and Sapna Rachure i/b T. N. Tripathi & Co., for the Petitioners.
Ms. Merlyn Monterio for Respondent No.1 Mr. Bharat Mehta, AGP for Respondent No.3. Ms. Vaishali Choudhari for Respondent No.4.
Coram : RANJIT MORE, J. Date : June 17, 2013 .
P. C. : 1. Heard. By this petition, the Petitioners are
challenging notices dated 9th April 2007 and 20th November 2012 issued by the Special Recovery Officer – Respondent No. 2. By the first notice issued under the provisions of Section 156 of the Maharashtra Co-operative Societies Act, 1960 read with Rule-107 of the Maharashtra Co-operative Societies Rules, 1961, share of one Mr. Lalit Bhuralal Dave in residential premises being Flat No.B-13, Anamika CHS Ltd, 4th floor, Andheri-Kurla Road, Andheri (East), Mumbai–400069 is attached. By another notice, Respondent No.2 proposed to take possession of the above said premises belong to said Lalit
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patilsr
Bhuralal Dave.
[RANJIT MORE, J.]
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1 issue framed by the court
Whether the attachment notice and notice of possession issued under Section 156 of the Maharashtra Co-operative Societies Act, 1960 require judicial intervention.
1 provisions across 1 enactments
Devkishan B. Dave and Anr.
Abhyudaya Co-operative Bank Ltd and Others
RANJIT MORE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
