Allowed

Vineet Agarwal v. Special Recovery and Sales Officer and 4 Ors.

Bombay HC11 Dec 2013WP/648/2013

Case brief

AI extract

What is this about?

The High Court of Bombay allowed the withdrawal of a writ petition challenging demand and attachment notices issued against a petitioner-director. The court granted liberty to approach the Special Recovery Officer and stayed the notices for four weeks.

What did the court decide?

Petition allowed to be withdrawn; liberty granted to approach Special Recovery Officer for setting aside notices; impugned notices stayed for four weeks.

Vineet Agarwal Vs Special Recovery and Sales Officer… — Cooperative Societies | Bombay HC (2013)

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WP648/2013

BDP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDCITION

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WRIT PETITION NO. 648 OF 2013

Vineet Agarwal

…. Petitioners.

V/s

Special Recovery & Sales Officer, Co-operative Department, Mumbai & Ors. ….. Respondents.

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Mr. K.C. Pandey for the Petitioners/ Mr. H.R. Pawar for Respondent Nos. 1 and 3.

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CORAM: V.M. KANADE & M.S. SONAK, JJ. DATE : 11^th December, 2013

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P.C. :

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Petitioner is aggrieved by the demand notices issued by Respondent No.1 dated 26^th July 2011, 16^th November, 2012 and notice of attachment dated 23^rd November, 2012.

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The grievance of the Petitioner is that though he was not a party to the proceedings which were initiated by Respondents under section 101 of the Maharashtra Co-operative Societies Act, demand notices have been issued by the Special Recovery Officer and a show-cause notice has been issued thereafter for attachment of his

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WP648/2013

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personal property. It is submitted that the Petitioner is a Director of the said Company and, as such, he cannot be made personally liable for the dues of the workers who had availed of loan facilities from the Respondents – Bank.

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The learned Counsel appearing on behalf of the Bank has raised a preliminary objection regarding maintainability of this Petition on the ground that the Petitioner has an alternative efficacious remedy of either approaching the Special Recovery Officer under sub-rule (9) of Rule 107 of the Maharashtra Co-operative Societies Rules or, alternatively, he can file a Revision Application before the Divisional Joint Registrar for challenging the impugned notices.

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In view of the objection which is raised by the learned Counsel appearing on behalf of the Bank and after taking instructions, the learned Counsel for the Petitioner submits that he would like to withdraw this Petition with liberty to approach the Special Recovery Officer for setting aside the demand notices and also for withdrawing the show-cause notice which have been issued by the Recovery Officer.

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In view of this, Petition is allowed to be withdrawn. Liberty is granted to the Petitioner to approach the

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WP648/2013

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Special Recovery Officer or to file an application before the Divisional Joint Registrar. In this view of the matter, the impugned demand notices dated 26^th July, 2011, 16^th November, 2012 and notice of attachment dated 23^rd November, 2012 shall not be given effect to for a period of four weeks from today.

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All contentions of both the parties are kept open.

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Petition is accordingly disposed of.

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[ M.S.SONAK, J.]

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[ V. M. KANADE, J.]

Vineet Agarwal v. Special Recovery and Sales Officer and 4 Ors.

Case brief

What is this about?

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Vineet Agarwal v. Special Recovery and Sales Officer and 4 Ors.

Case brief

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What did the court decide?

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