Disposed

The Liquidator, the Ichalkaranji Urban Co-Operative Bank Ltd. Inchalkaranji (in Liquidation) v. Special Recovery and Sales Officer and Anr.

Bombay HC20 Apr 2023WP/5989/2021

Case brief

AI extract

What is this about?

This writ petition challenged the inaction of the Special Recovery Officer regarding objections to a property attachment. The High Court directed the Officer to consider pending objections by a specific deadline and conduct a personal hearing before passing any order.

What did the court decide?

Respondent No.1 directed to consider objections by 31st May 2023 after granting personal hearing.

The Liquidator, the Ichalkaranji Urban… — Civil Procedure and Limitation | Bombay HC (2023)

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7.wp.5989.2021.doc

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Rajeshri Aher

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 5989 OF 2021

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The Liquidation, The Ichalkaranji Urban
Co-operative Bank Ltd. Ichalkaranji (In
Liquidation)…Petitioner

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Versus

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Special Recovery And Sales Officer and Anr.…Respondents

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Mr.G.H. Keluskar with Mr. Sudhir Prabhu, Advocate for Petitioner.
Mr.Nana D. Yelkar, Advocate for Respondent Nos.1 and 2.

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CORAM:K. R. SHRIRAM &
RAJESH S. PATIL, JJ.
DATED:20th April 2023

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P.C.:

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1Respondent No.1 had passed an order dated 15th March
2016 attaching all the immovable properties belonging to Ichalkaranji
Urban Cooperative Bank Limited (Ichalkaranji Bank in liquidation). The
attachment order came to be passed in view of the claim that
Respondent No.2 bank had against the Ichalkaranji Urban Cooperative
Bank amounting to Rs.13,84,29,895.99.

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Digitally signed by RAJESHRI RAJESHRI PRAKASH PRAKASH AHER AHER Date: 2023.04.24 16:09:52 +0530

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2Petitioner filed objections on 5th May 2018 against the
attachment order, which according to Petitioner is yet to be decided.
Petitioner therefore filed this petition seeking the following reliefs:

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7.wp.5989.2021.doc

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a. to call for record and proceeding in respect of the attachment order No. Pra.Ka.Kolhapur/SRO/3702/2015-16 dated 15^th March 2016 from Respondent No.1;

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b. to issue writ of mandamus or any other appropriate writ to Respondent No.1, directing thereby to decide the objections dated 5^th May 2018, raised by the Petitioner to the attachment order dated 15^th March 2016,

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c. to direct the Respondent No.1 to not to proceed to sale the attached properties till decision on the objections raised by the Petitioner,

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d. to direct the Respondent No.1 to not to proceed to sale the attached properties till decision of this writ petition.

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3Mr.Yelkar for Respondents states that Respondents are yet
to take any further steps pursuant to the order of attachment and
Respondent No.1 is yet to consider the objections filed almost five years
ago by Petitioner. Therefore, what is certain is: (a) for over 7 years,
Respondent No.1 has not taken further steps after passing the
attachment order and (b) for almost five years waited to decide the
objections by Petitioner.

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4In the circumstances, we dispose this Petition with
following directions:

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:: O R D E R ::

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(i)Respondent No.1 shall, on or before 31st May 2023
consider the objections dated 5th May 2018 filed by
Petitioner;

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7.wp.5989.2021.doc

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(ii)Before passing any orders, personal hearing shall be given
to parties, notice whereof shall be communicated atleast
five working days in advance;

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(iii)Petitioner shall personally or through a duly authorised
representative attend the personal hearing at the time and
date fixed;

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(iv)The order shall be a reasoned order dealing with all objections raised by Petitioner/parties;

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(v)We clarify that we have not made any observations on the

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merits of the matter.

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 (RAJESH S. PATIL, J.) (K. R. SHRIRAM, J.)

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The Liquidator, the Ichalkaranji Urban Co-Operative Bank Ltd. Inchalkaranji (in Liquidation) v. Special Recovery and Sales Officer and Anr.

Case brief

What is this about?

What did the court decide?

The Liquidator, the Ichalkaranji Urban Co-Operative Bank Ltd. Inchalkaranji (in Liquidation) v. Special Recovery and Sales Officer and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

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