RAMESH SURESH BABAR AND ORS v. THE STATE OF MAHARASHTRA THROUGH G P AND ORS
WP/3893/2022 · 2026-03-09
Shri Amit Borkar
body2022
DailyLaw.ai
[ 2022 DAILYLAW 2933 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2022 DAILYLAW 2933 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
3-wp3893-2022 with ia2119-2022.doc AGK IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3893 OF 2022 Ramesh Suresh Babar & Ors. … Petitioners V/s. The State of Maharashtra & Ors. … Respondents WITH INTERIM APPLICATION NO.2119 OF 2022 IN WRIT PETITION NO.3893 OF 2022 Janheet Nagari Sahakari Patsanstha Maryadit … Applicant In the matter between Ramesh Suresh Babar & Ors. … Petitioners V/s. The State of Maharashtra & Ors. … Respondents Mr. Tushar Sonawane i/by Mr. Rupesh Zade for the petitioners. Mr. Shrivallabh S. Panchpor for respondent No.3 / applicant in IA. Mr. P.G. Sawant, AGP for the State.
CORAM : AMIT BORKAR, J. DATED : MARCH 9, 2026 P.C.:
1. The challenge in this writ petition arises out of three orders of attachment initiated at the instance of cooperative credit society. Petitioner Nos.1 and 2 are the owners of the property; whereas petitioner Nos.3 and 4 are borrowers. 1 ATUL GANESH KULKARNI Digitally signed by ATUL GANESH KULKARNI Date: 2026.03.09 14:42:41 +0530
3-wp3893-2022 with ia2119-2022.doc
2. Considering the scheme of Rule 107 of the Maharashtra Cooperative Societies Rules, 1961, appropriate remedy for the petitioners is to raise objection before the Special Recovery Officer under sub-rule 19 of Rule 107 of the MCS Rules.
3. Hence, keeping all questions raised by the alleged owners open to be agitated before the Special Recovery Officer, present writ petition stands disposed of.
4. If such objection is raised by the petitioners, the Special Recovery Officer shall decide the objection within four weeks from the date of filing of such application.
5. The interim application does not survive and the same stands
disposed of as infructuous.
(AMIT BORKAR, J.) 2