Dismissed

Shri Dhanlaxmi Nagari Sahakari Pathsanstha Limited v. the State of Maharashtra and Ors.

Bombay HC25 Oct 2023WP/7586/2023

Case brief

AI extract

What is this about?

The High Court allowed withdrawal of two revision applications filed by Respondent No. 3. It quashed specific orders dated 06.03.2023 and granted a stay on the execution of an attachment order until 22.11.2023, expressly reserving the merits of the case.

What did the court decide?

Orders dated 06.03.2023 quashed; revision applications disposed of as withdrawn; execution of attachment order stayed till 22.11.2023; merits kept open.

Shri Dhanlaxmi Nagari Sahakari Pathsanstha… — Contract and Commercial Disputes | Bombay HC (2023)

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WP 7586-2023 (common order).doc

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Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 7586 OF 2023

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Shri Dhanalaxmi Nagari Sahakari Patsanstha Ltd. .Petitioner

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Vs.

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The State of Maharashtra & ors. .Respondents

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WITH

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WRIT PETITION NO. 8062 OF 2023

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Shri Dhanalaxmi Nagari Sahakari Patsanstha Ltd. .Petitioner

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Vs.

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The State of Maharashtra & ors. .Respondents

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Mr. Kalpesh U. Patil, Advocate, for the Petitioner Mr. Ashutosh Kulkarni i/b. Mr. Siddharth Shitole, Advocate, for Respondent No. 3 in both Petitions

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Mr. C. D. Mali, AGP, for the Respondent – State

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CORAM : MADHAV J. JAMDAR, J. DATE : 25.10.2023

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P. C.

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Heard Mr. Patil, learned counsel appearing for the

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Petitioner and Mr. Kulkarni, learned counsel appearing for Respondent No. 3 in both the Writ Petitions.

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2. After arguing for some time, Mr. Kulkarni, learned

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counsel appearing for Respondent No. 3 in both the Writ Petitions

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states that he has instructions to withdraw the Revision

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1 of 3

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WP 7586-2023 (common order).doc

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Application No. 14 of 2023 and Revision Application No. 268 of 2022 fled before the Divisional Joint Registrar, Co-operative Societies, Kolhapur Division, Kolhapur with liberty to adopt the proceeding under Rule 107(19) of the Maharashtra Co-operative Societies Rules, 1961 or any other alternate remedy. He states that the attachment order dated 19.04.2022 issued by the Petitioner – Society shall not be implemented till 22.11.2023.

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In view of the said statement made by Mr. Kulkarni, learned counsel appearing for Respondent No. 3 in both the Writ Petitions, the orders dated 06.03.2023 passed by the Divisional Joint Registrar, Co-operative Societies, Kolhapur Division, Kolhapur in Revision Application No. 14 of 2023 and Revision Application No. 268 of 2022 are quashed and set aside.

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The Revision Application No. 14 of 2023 and Revision Application No. 268 of 2022 fled before the Divisional Joint Registrar, Co-operative Societies, Kolhapur Division, Kolhapur are disposed of as withdrawn.

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It is clarifed that Respondent No. 3 may avail an alternate remedy as provided under Rule 107(19) of the said

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2 of 3

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WP 7586-2023 (common order).doc

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Rules or any other alternate remedy. The attachment order dated 19.04.2022 issued by the Recovery offcer of the Petitioner shall not be executed till 22.11.2023.

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It is clarifed that this Court has not considered the

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merits and all the contentions on merits are expressly kept open.

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(MADHAV J. JAMDAR, J.)

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3 of 3

Shri Dhanlaxmi Nagari Sahakari Pathsanstha Limited v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

Shri Dhanlaxmi Nagari Sahakari Pathsanstha Limited v. the State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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