Disposed

The Saraswat Co-Operative Bank Ltd. v. the State of Maharashtra and Ors.

Bombay HC18 Sept 2014WP/8187/2014

Case brief

AI extract

What is this about?

Writ petition filed by a bank challenging an attachment order and seeking registration of a sale certificate. The court directed the sub-registrar to register the sale certificate upon compliance with formalities, while clarifying no opinion was expressed on the underlying monetary dispute.

What did the court decide?

Directed the Sub-Registrar, Vasai (E), to register the sale certificate upon compliance of formalities without raising the issue of the 7/12 extract attachment entry.

The Saraswat Co-Operative Bank Ltd. Vs the State of… — Execution and Attachment | Bombay HC (2014)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE

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WRIT PETITION NO. 8187 OF 2014

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The Saraswat Co-operative Bank Ltd. ... Petitioner. V/s. The State of Maharashtra and others ... Respondents.

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Bhupesh V. Samant for the petitioner.

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Mrs.Shakuntala Wadekar, AGP for the State.

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Ms.Rukhsana S. Peerbhoy for respondent No.4.

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K.V.Tembhe for respondent No.6.

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CORAM : NARESH H. PATIL AND B.P.COLABAWALLA, JJ. DATED : 18th September 2014.

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P.C. :

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Heard.

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Learned counsel for respondent No.6- Bank makes a statement that the impugned attachment order is erroneous. Learned counsel submits that recovery certificate was issued against the directors of the defaulter/borrower company in their personal capacity. He submits that necessary steps shall be taken by applying to the concerned authority for deleting the name of the bank from the revenue records.

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Leaned counsel for respondent no.4 submits that in view of the statement made by counsel for respondent No.6- Bank, the attachment made by the Recovery Officer shall not be insisted upon. According to learned counsel, the Recovery Officer had taken action as directed by the Commissioner, Co-operation.

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Learned A.G.P. submits that document i.e. sale certificate presented by the petitioner before the registering authority was not registered due to the provisions of the amended rules called as Maharashtra Registration Amended Rules, 2005 which were brought into effect in the year 2006. Learned A.G.P. has referred to entry recorded in 7/12 extract of the subject property.

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Learned counsel for the petitioners submits that all the necessary formalities would be completed for getting the sale certificate dated 5^th May 2014 Exh.I registered. Learned counsel submits that on earlier occasions the said document was presented before the SubRegistrar but the registering authority refused to register the document as certain information was called for by the Sub-Registrar considering the entry made in 7/12 extract. Learned counsel submits that appropriate stamp fee has already been paid by the petitioner through challan.

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We have perused the record placed before us and the affidvitin-reply filed by respondent No.4. The respondent No.8- auction

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purchaser is present in the Court who has no objection for getting the document registered.

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In case the petitioner complies with all formalities required for registration of sale certificate, the Sub-Registrar, Vasai (E) shall accept the document i.e. sale certificate annexed at Page-53 (Exh.I.) and then register the same without raising the issue concerning entry in 7/12 extract regarding attachment of the subject property. We make it clear that this Court has not expressed any opinion in respect of any monetary claim raised by the Government Officer/Department against the defaulter company. All such issues would be dealt with in accordance with law. The respective claimants are entitled to adopt appropriate proceedings for recovery of dues from the company, if any.

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All concerned to act on an authenticated copy of this order.

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(B.P.COLABAWALLA, J.) (NARESH H. PATIL, J.)

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Sanjay Nanoskar, P.S..

The Saraswat Co-Operative Bank Ltd. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

The Saraswat Co-Operative Bank Ltd. v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Coram

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