Bombay High Court
M/S. Kiran Sea Foods, Prop. Kiran D. ... vs The Special Recovery Officer, The ... on 19 September, 2018
Bench: K. K. Tated, Sandeep K. Shinde
906-WP-666-2018.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.666 OF 2018
WITH
CIVIL APPLICATION NO.686 OF 2018
M/s. Kiran Sea foods,
Prop. Kiran D. Kanchan and Ors. ...
Petitioners
Vs
The Special Recovery Officer,
The Sahyadri Sahakari Bank lTd. And Ors. ...
Respondents
WITH
CIVIL APPLICATION NO.687 OF 2018
IN
WRIT PETITION NO.667 OF 2018
M/s. Priya Foods, Prop. And
Ors. ..Applicant
Vs.
The Special Recovery Officer,
The Sahyadri Sahakari Bank lTd. And Ors. ...
Respondents
WITH
CIVIL APPLICATION NO.688 OF 2018
IN
WRIT PETITION NO.668 OF 2018
M/s. Kewal Trading Prop.
Kewalraj K. Salian and Ors. ... Applicants
Vs.
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906-WP-666-2018.odt
The Special Recovery Officer,
The Sahyadri Sahakari Bank lTd. And Ors. ...
Respondents
...
Mr. Harindeer Toor with Mani Thevar I/by Mahesh Menon & Co. for the Petitioner.
Mr. Vijay Patil with Mr. Sarijeer P.Kadam I/by Prashant P. Raul for the Respondent Nos.1, 1A.
CORAM : K. K. TATED & SANDEEP K. SHINDE JJ.
DATE : 19 SEPTEMBER, 2018 P.C. :
Heard learned counsel for Parties.
2 After arguing for sometime, both the counsel submit that matter can be referred to the Commissioner to calculate the amount due and payable, if any, as per the recovery certificate granted under Section 101 of the Maharashtra Co-operative Societies Act, 1960 in respect of these three matters. Both the counsel filed consent minutes of the order dated 19.9.2018. Same is taken on record and marked 'X' for Identification which reads thus:
"These minutes of the order are in common for all the above referred 3 Petitions.Shivgan 2/5 ::: Uploaded on - 25/09/2018 ::: Downloaded on - 26/09/2018 23:03:33 :::
906-WP-666-2018.odt
2.The Petitioners are at liberty to approach the competent Authority,Forum prescribed in the circulars dated 16.03.2016 and 15.11.2017 regarding the applicability of those circulars in the facts and circumstances of the cases of the Petitioners with the bank.
3.The dispute at present between the Petitioners and the bank is regarding date of NPA, quantum of interest charged,other charges and the total dues recoverable.
4.The bank and the Petitioners have furnished the statement of dues in all the 3 Petitions. The parties hereby agree that the said statements after the date of issuance of Recovery Certificate granted u/s101 of MCS Act in respective cases alongwith the relevant records pereferred to a Commissioner who is a Certified Auditor on the panel of the Government or to a Chartered Accountant with the consent of the parties,who will inspect the said financial statements of the 3 accounts referred in the above petitions.
5.The certified accounts and dues as may be certified by such Commissioner would be binding on the both the parties. The report would be placed before the Hon'ble Court.
6.The Parties agree and undertake that they would clear/refund,if any calculated such dues as may be certified by the said Commissioner within 15 day or such time as specified by this Hon'ble Court.
7.The Commissioner appointed by the Court namely Shri. HariVandan Chunilal Dhagat,17/17A, 2nd Floor, Nadrishaw Sukia Street Off. Cawasji Patel Street Fort Mumbai is expected to complete the inspection of the Shivgan 3/5 ::: Uploaded on - 25/09/2018 ::: Downloaded on - 26/09/2018 23:03:33 ::: 906-WP-666-2018.odt above referred 3 account statements at the earliest and in any case within 3 weeks from his appointment. The said period would start from the receipt of the copy of the order by the Commissioner.
8. In view of the above referred agreement the hearing of the above Petition is adjourned by 4 weeks. In the meantime the interim Orders/reliefs passed in 3 Petitions would remain in operation till the next date.
9.The charges/fees of the Court Commissioner would be paid,deposited by the Petitioners. Advocate for Petitioner Advocate for the Respondent no.1 and 1(A)"
3 It is made clear that both the parties to submit their papers and proceedings, if any, to the Commissioner on or before 28.9.2018.
4 This Court expects the Commissioner to submit his report on or before 19.10.2018.
5 Liberty granted to the Petitioner to file their rejoinder with copy to the other side in Registry on or before 26.9.2018.
Shivgan 4/5 ::: Uploaded on - 25/09/2018 ::: Downloaded on - 26/09/2018 23:03:33 :::906-WP-666-2018.odt 6 Matter to appear on board on 22.10.2018 under the caption for 'Direction'.
(SANDEEP K. SHINDE, J.) (K. K. TATED, J.) Shivgan 5/5 ::: Uploaded on - 25/09/2018 ::: Downloaded on - 26/09/2018 23:03:33 :::