Disposed

Nikhil Bhanudas Shelar and Ors. v. the State of Maharashtra through Tahasildar, Ambernath and Ors.

Bombay HC17 Jan 2024WP/675/2024

Case brief

AI extract

What is this about?

The Court issued notice in a writ petition challenging the attachment of property based on a recovery certificate issued under the Maharashtra Co-operative Societies Act. The Court restrained the enforcement of the attachment notice pending the petitioners' deposit of 50% of the recovered amount.

What did the court decide?

Attachment notice stayed subject to deposit of 50% of the recovery amount within three weeks.

Nikhil Bhanudas Shelar and Ors. vs the State of Maharashtra… — Money Laundering | Bombay HC (2024)

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ppn 1 902.wp-675.24.doc

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PRACHI PRANESH NANDIWADEKAR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY Digitally signed byPRACHI CIVIL APPELLATE JURISDICTION PRANESH NANDIWADEKAR Date: 2024.01.17 WRIT PETITION NO.675 OF 2024 15:38:41 +0530

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Nikhil Bhanudas Shelar & Ors. .. Petitioners Versus The State of Maharashtra through Tahasildar, Ambernath & Ors. .. Respondents

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Mr.Induprakash Tripathi i/by Mr.C.K. Tripathi for the petitioners. Mr.N.C. Walimbe, Addl. G.P. a/w Ms.K.N. Solunke, AGP for respondent nos.1 & 2-State.

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CORAM : A.S. CHANDURKAR & JITENDRA JAIN, JJ. DATE : 17^th January 2024

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P.C.:-

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. It is submitted by the learned counsel for the petitioners

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that against the recovery certificate issued under Section 101 of the Maharashtra Co-operative Societies Act, 1960 on 23^rd February 2019, the

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petitioners have preferred a revision application for challenging the same.

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It is urged that on the basis of the aforesaid recovery certificate, the action of attachment of the petitioners’ property is being undertaken by the Circle Officer pursuant to the notice dated 18^th December 2023.

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ppn 2 902.wp-675.24.doc

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On instructions, a statement is made that the petitioners were never served with the notice of the proceedings under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

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By referring to the averments made in paragraph 16 of the writ petition, it is submitted that the notice dated 18^th December 2023 purporting to attach the subject property on 17^th January 2024 was received by the petitioners on 10^th January 2024.

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Issue notice, returnable on 14^th February 2024. Learned Additional Government Pleader waives service of notice for respondent nos.1 and 2. Respondent no.3 be served by all permissible modes.

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Without prejudice, subject to the petitioners depositing 50% of the amount as indicated in the recovery certificate within a period of three weeks from today, the notice dated 18^th December 2023 shall not be acted upon. The parties to act on the authenticated copy of this order.

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JITENDRA JAIN, J. A.S. CHANDURKAR, J.

Nikhil Bhanudas Shelar and Ors. v. the State of Maharashtra through Tahasildar, Ambernath and Ors.

Case brief

What is this about?

What did the court decide?

Nikhil Bhanudas Shelar and Ors. v. the State of Maharashtra through Tahasildar, Ambernath and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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