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2017 DAILYLAW 2698 (BOM)

KAVITA PRAKASH LAKARE v. SHRI BALASAHEB SATBHAI MERCHANTS CO-OPERATIVE BANK LTD KOPARGAON THROUGH LIQUIDATOR AND ANOTHER

WP/13652/2017 · 2026-06-12

Shri Siddheshwar Sundarrao Thombre

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

941-WP-13652-2017.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 941 WRIT PETITION NO. 13652 OF 2017 Kavita Prakash Lakare VERSUS Shri Balasaheb Satbhai Merchants Co-operative Bank Ltd Kopargaon Through Liquidator And Another ... Mr. Umakant Deshmukh for the Petitioner. Mr. N. R. Bhavar for Respondent No.1. Mr. M. S. Shaikh for Respondent No.2. ... CORAM : SIDDHESHWAR S. THOMBRE, J. DATE : 12 JUNE 2026 P. C.: 1. Heard learned counsel for the respective parties. 2. Mr. Deshmukh, learned counsel for the Petitioner submits that before passing the order under Section 88 of the Maharashtra Co-operative Societies Act, 1960, the land was transferred in the name of the Petitioner and the attachment order was passed only because the Petitioner is the daughter-in-law of the erstwhile Director. He further submits that the substantial amount has already paid by the Petitioner. If is for the Petitioner to file all the record before the executing Court. 3. Per contra Mr. Bhavar, learned counsel for Respondent No.1 submits that in fact during the pendency of proceedings under Section 88, with an intention to deprive the society and get away to pay the amount, the transfer was effected. Shubham 2026:BHC-AUG:23791 941-WP-13652-2017.doc 4. Considering the above, now execution proceedings are pending. If the Petitioner is aggrieved by the attachment order, the Petitioner is at liberty to file application in the said execution proceedings. If such application is filed, the Court to consider the same in accordance with law. 5. In view of the above, the Writ Petition is disposed of. All points are kept open. [SIDDHESHWAR S. THOMBRE, J.] Shubham