Disposed

Sabestian Francis Almeida v. State of Maharashtra through Office of Govt Pleader and Ors.

Bombay HC6 Mar 2019CAW/298/2019

Case brief

AI extract

What is this about?

This court disposed of a civil application filed to seek refund of Rs.40 Lakhs deposited during a writ petition. The court directed that the amount, along with accrued interest, be remitted to the Divisional Joint Registrar, Co-operative Societies, pending final adjudication under Section 154 of the Maharashtra Cooperative Societies Act, 1960.

What did the court decide?

The Civil Application was disposed of with a direction to remit the deposited amount of Rs.40 Lakhs plus accrued interest to the Divisional Joint Registrar, Co-operative Societies, Navi Mumbai.

Sabestian Francis Almeida Vs State of Maharashtra… — Cooperative Societies | Bombay HC (2019)

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1 1-CAW 298-19.odt

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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CIVIL APPLICATION NO.298 OF 2019

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WRIT PETITION NO.5746 OF 2018

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Sabestian Francis Almeida. ] … Applicant Versus State of Maharashtra & Ors. ] … Respondents

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Mr. Niranjan Mogre for Applicant. Mrs. S. S. Bhende, AGP for State.

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Mr. Shantanu Raktate i/b Mr. Amar Parsekar for Respondent Nos.2 & 3.

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Mr. Nikhil Rajani i/b M/s. V. Deshpande & Co. for Respondent No.4.

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CORAM :- INDRAJIT MAHANTY & SARANG V. KOTWAL, JJ. DATE :- 06 MARCH, 2019

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P. C. :-

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Heard the learned Counsel for respective parties.

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This Civil Application has come to be filed in a Writ Petition which has been disposed of by this Court by an order dated 23^rd October, 2018. While disposing of the said Writ Petition, in direction (v), the following order was passed :

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URS 1 of 4

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2 1-CAW 298-19.odt

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“ v. Liberty is granted to the Petitioner, if he so desires, to take appropriate application for withdrawal of the amount deposited by the petitioner with the Registry of this Court and that may be decided on its own merits. ”

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The learned Counsel for the Applicant submits that in exercise of liberty granted to him, the present Civil Application has come to be filed seeking refund of Rs.40 (Forty) Lakhs which had been deposited by him pursuant to the earlier directions passed in the aforesaid Writ Petition vide order dated 26^th May, 2018. The learned Counsel for the Respondent – Credit Society raises strong objection to the same saying that the property of the Petitioner had come to be mortgaged by his Power of Attorney holder and sale of such property is sought to be challenged by the Petitioner and even with the disposal of the Writ Petition, as noted above, liberty was granted to the Petitioner to proceed with Revision Application No.85 of 2018 pending before the Divisional Joint Registrar, Co-operative Societies (K.D.), Navi Mumbai, under Section 154 of the Maharashtra Cooperative Societies Act, 1960, which has been directed to be decided on its own merits. In this respect, the learned Counsel for the Applicant submits that the application has been filed by the Petitioner seeking revival of the said Revision Application pending consideration

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URS 2 of 4

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3 1-CAW 298-19.odt

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by the Divisional Joint Registrar, Co-operative Societies (K.D.), Navi Mumbai as noted hereinabove.

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Learned Counsel for the auction purchaser – Respondent No.4 also raised objection, inter alia , claiming that due to the interim orders passed in the Writ Petition he was prevented from taking over possession of the property which he has lawfully purchased at a public auction conducted by the Respondent No.2 – Society. He further submits that the deposit of the amount by the Petitioner was for the purpose of proving his bona fides before the High Court and on the basis of such deposit, interim directions had been passed.

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The learned Counsel for the Petitioner submits that he has sought for revival of Revision Application No.85 of 2018 and the same is pending consideration before the Divisional Joint Registrar, Cooperative Societies (K.D.), Navi Mumbai. With the disposal of the Writ Petition, all interim orders have stood vacated. However, since the Petitioner has challenged the auction by filing a proceeding under Section 154 of the Maharashtra Co-operative Societies Act, 1960, we are of the considered view that since the Writ Petition has been

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URS 3 of 4

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4 1-CAW 298-19.odt

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withdrawn, the ends of justice would be best sub-served if the amount of Rs.40 (Forty) Lakhs deposited with the Registry of this Court, along with accrued interest thereon, would be remitted to the Divisional Joint Registrar, Co-operative Societies (K.D.), Navi Mumbai, who shall deal with the said deposit at the time of final adjudication and disposal of the Petitioner's aforenoted Revision Application pending before him.

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With such observations and directions, the present Civil Application stands disposed of.

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(SARANG V. KOTWAL, J.) (INDRAJIT MAHANTY, J.)

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URS 4 of 4

Sabestian Francis Almeida v. State of Maharashtra through Office of Govt Pleader and Ors.

Case brief

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Sabestian Francis Almeida v. State of Maharashtra through Office of Govt Pleader and Ors.

Case brief

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What did the court decide?

What the court decided

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