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2019 DAILYLAW 3275 (BOM)

THE GR. BOMBAY CO.OP. BANK LTD. v. MR. MAHESH NANAJI BHANUSHALI AND ORS

WP/12152/2019 · 2026-02-02

Shri Amit Borkar

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

5-wp-12152-2019.doc Shabnoor IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12152 OF 2019 The Greater Bombay Cooperative Bank Ltd. … Petitioner V/s. Mahesh Nanaji Bhanushali & Ors. … Respondents Mr. Harsih R. Pawar a/w Rudra Karekar, for the Petitioner. Ms. Jennifer Michael, i/b Ms. Alisha Pinto, for Respondent No.1. CORAM : AMIT BORKAR, J. DATED : FEBRUARY 2, 2026 P.C.: 1. Rule. Rule is made returnable forthwith. 2. The challenge in the present petition arises out of an order of attachment passed by the Special Recovery Officer under sub-rule (19) of Rule 107 of the Maharashtra Cooperative Societies Rules, 1961 (“the MCS Rules”). It is contended by the contesting respondents that, pursuant to the liberty granted by this Court in an earlier writ petition permitting them to institute appropriate proceedings challenging the attachment order, the contesting respondents filed Revision Application No.19 of 2018. In the said revision application, the Revisional Authority granted a stay to the order of attachment. 1 SHABNOOR AYUB PATHAN Digitally signed by SHABNOOR AYUB PATHAN Date: 2026.02.02 15:49:26 +0530 5-wp-12152-2019.doc 3. In my opinion, the appropriate remedy available to the contesting respondents is to raise objections under sub-rule (19) of Rule 107 of the MCS Rules. 4. Hence, keeping all the questions raised by the contesting respondents open to be agitated in an application under sub-rule (19) of Rule 107 of the MCS Rules, the impugned order cannot be sustained. 5. Accordingly, Rule is made absolute in terms of prayer clause (c). 6. The writ petition stands disposed of. No costs. (AMIT BORKAR, J.) 2