Disposed

Dinesh Trimbakrao Telalwar v. the State of Maharashtra and Others

Bombay HC18 Apr 2017WP/4873/2017

Case brief

AI extract

What is this about?

In this writ petition, the petitioner challenged the initiation of recovery proceedings by auctioning his property without disposal of objections. The court noted that the Special Recovery Officer has stayed the proposed auction pending consideration of objections. Consequently, the symbolic attachment was vacated, and the petition was disposed of without addressing other contentions.

What did the court decide?

Symbolic attachment vacated. Petition disposed. No other contentions considered.

Dinesh Trimbakrao Telalwar Vs the State of Maharashtra… — Banking and Recovery | Bombay HC (2017)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD

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WRIT PETITION NO. 4873 OF 2017

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Dinesh Trimbakrao Telalwar ..PETITIONER

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VERSUS

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State of Maharashtra and Others ..RESPONDENTS

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Mr. D.J. Choudhary, Advocate for petitioner. Mr. M.B. Bharaswadkar, A.G.P. for respondent – State. Mr. M.M. Patil, Advocate for Respondent No.5.

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CORAM : M.S. SANKLECHA, J. DATED : 18^th APRIL, 2017

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ORDER :

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Mr. Choudhary, learned Counsel for the petitioner in support of the petition filed under Section 226 and 227 of the Constitution of India takes exception at Respondent Nos. 3 and 4 – banks proceeding to initiate recovery of sums allegedly due from the petitioner by auctioning the same without having disposed of the petitioner’s objections to the notice dated 08^th March, 2017.

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Mr. Chaudhary, learned Counsel placed reliance on Rule 107(9) of the Maharashtra Co-operative Societies Rules, 1961 (hereinafter referred to as ‘Rules’) which provides procedure for attachment and sale of property

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under the Maharashtra Co-operative Societies Act. When any objection is made to the proposed attachment of a property then the special recovery officer is obliged to investigate into the objection and pass an order disposing of the objection before proceeding further under the Act. The petitioner has by its letters dated 15^th and 17^th March, 2017 filed objections to the notice dated 08^th March, 2017. However, the same have not yet been disposed of and recovery proceedings by auctioning the petitioner's property has commenced.

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Mr. Patil, learned Counsel for the bank on instructions states that the proposed auction of the suit property which was scheduled on 24^th April, 2017 would not be held. Mr. Patil hands over the copy of written communication dated 17^th April, 2017 received by him from the Special Recovery Officer – Respondent No.5 intimating him that proposed auction of the petitioner's property on 24^th April, 2017 will not take place. It follows that till such time as the petitioner's objections dated 15^th and 17^th March, 2017 are not disposed of, no auction of the petitioner's property would be scheduled.

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Mr. Chaudhary, learned Counsel on instructions states that till

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such time as Special Recovery Officer passes an order disposing of the

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petitioner's objection to the notice dated 08^th March, 2017 and for a period of two weeks thereafter, it will not transfer and/or alienate or create any third party rights in respect of subject property which is subjected to or attachment.

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In view of the above statement made by Mr. Chaudhary, symbolic attachment stands vacated. Needless to state, parties will act in accordance with law. It is made clear that various other contentions available to the parties have not been considered and enquiry was restricted only to the Special Recovery Officer disposing of the notice dated 08^th March, 2017 only after considering the objection filed by the petitioners on 15^th March, 2017 and 17^th March, 2017.

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The petition is disposed of in above terms. No order as to costs.

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SSD

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Dinesh Trimbakrao Telalwar v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

Dinesh Trimbakrao Telalwar v. the State of Maharashtra and Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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