Allowed

Gunwant Ananda Shinde v. Tejnath Pandurang Surayawanshi Spl Recovery Officer and Ors.

Bombay HC15 Apr 2024WP/3002/2024

Case brief

AI extract

What is this about?

The High Court directed the Special Recovery Officer to re-deliver possession of a disputed property to the petitioner within two days due to procedural lapses, allowing for a fresh challenge under the Maharashtra Cooperative Societies Act if applicable.

What did the court decide?

Directed Special Recovery Officer to re-deliver possession to the petitioner within two days.

Gunwant Ananda Shinde Vs Tejnath Pandurang Surayawanshi… — Landlord and Tenant | Bombay HC (2024)

¶1

28-wp-3002-2024.doc

¶2

Shabnoor

¶3

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

¶4

WRIT PETITION NO.3002 OF 2024

¶5

SHABNOOR AYUB PATHAN

¶6

Digitally signed bySHABNOOR AYUBPATHAN Date: 2024.04.1518:17:37 +0530

¶7

Gunwant Ananda Shinde … Petitioner V/s. Tejnath Pandurang Suraywanshi Special Recovery Officer & Ors … Respondents

¶8

Mr. Prashant P. Kulkarni, for Petitioner.

¶9

Mrs. V. S. Nimbalkar, AGP for State/Respondent Nos.3 & 4.

¶10

Ms. Madhavi Nalawade, for Respondent No.2.

¶11

CORAM : AMIT BORKAR, J.

¶12

P.C.:

¶13

The petitioner (borrower) is challenging action on the part of the Special Recovery Officer to take possession of the property bearing Room No.111, Mahatma Jyotibha Phulenagar, Priyadarshni, Sion-Chunabhatti, Mumbai – 400 022 without following procedure contemplated under Rule 107(11) (d) (iv) of the Maharashtra Cooperative Societies Rules, 1961.

¶14

According to the Cooperative Credit Society, the petitioner’s occupant had voluntary handed over possession of the premises to the Special Recovery Officer. However, according to the petitioner, the Special Recovery Officer has taken possession of the said

¶15

¶16

28-wp-3002-2024.doc

¶17

premises from the petitioner’s occupant.

¶18

Once, the law requires possession to be taken by the creditor after following procedure under Rule 107(11) (d) (iv). It was obligatory on the Special Recovery Officer to take possession only after following such procedure. Therefore, the Special Recovery Officer is directed to re-deliver possession of the aforesaid premises to the petitioner within two days from today.

¶19

It shall be open for the Special Recovery Officer to apply before the Chief Metropolitan Magistrate for delivery of possession as per Rule 107(11)(d)(i) of the Maharashtra Cooperative Societies Rules, 1961. If such application is filed, the Chief Metropolitan Magistrate shall decide such application within three weeks from filing of such application.

¶20

The petitioner is at liberty to file fresh petition in relation to challenge arising out of proceeding under Section 101 of the Maharashtra Cooperative Societies Act, 1960.

¶21

With this modification, the writ petition stands disposed of. No costs.

¶22

(AMIT BORKAR, J.)

¶23

Gunwant Ananda Shinde v. Tejnath Pandurang Surayawanshi Spl Recovery Officer and Ors.

Case brief

What is this about?

What did the court decide?

Gunwant Ananda Shinde v. Tejnath Pandurang Surayawanshi Spl Recovery Officer and Ors.

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

Similar cases

Executive Engineer Minor Lift Irrigation Management Division Pune vs Ranga Bhagu Nimbale Since Deceased Thr. Lrs. Bhagu Ranga Nimbale

Mrunal Shantaram Dholepatil vs the Maharashtra State Backward Class Commission and Ors.

M/S Madhoor Buildwell Pvt. Ltd. vs Yeola Municipal Council and Ors.

Tata Motors Finance Limited vs Kailash Chand Yadav

Bhaskar Narhar Kulkarni and Ors. Vs Abhay Dadhe and Anr.

Ankush Sakharam Kadam vs Mangesh Shankar Sasane Chairman of Obc Welfare Foundation