Bombay High Court
Dilipkumar Bargal vs State Of Maharashtra And 4 Ors on 23 February, 2021
Equivalent citations: AIRONLINE 2021 BOM 304
Bench: S.J. Kathawalla, Vinay Joshi
Digitally
signed by
N. D.
N. D. Jagtap
Jagtap Date:
2021.02.24
Nitin 1 / 8 6-WPL-5005-2021-F.doc
11:49:47
+0530
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO. 5005 OF 2021
Bargal Dilipkumar ... Petitioner
Versus
State of Maharashtra & Ors. ... Respondents
Mr.Kaustubh Thipsay a/w. Mr. Sumit Kothari for the Petitioner.
Mr.A.L.Patki, Addl. G.P. for the State.
Mr.Drupad Patil for Respondent No. 4.
Mr.A.C.Singh, ASG a/w. Mr. N.G.Helekar, Mr. S.P.Singh for Respondent No. 5.
CORAM : S.J. KATHAWALLA, &
VINAY JOSHI, JJ.
DATE : 23RD FEBRUARY, 2021
P.C. :
1. The Petitioner - Bargal Dilipkumar, aged 64 years, has fled the above Writ Petition against Respondent No. 1 - State of Maharashtra ; Respondent No. 2 - Tahsildar Government Dues Recovery Mumbai City ; Respondent No. 3 - District Collector, Mumbai City Government Dues Recovery Section ; Respondent No. 4 - Apex Urban Co-operative Bank of Maharashtra and Goa Limited and Respondent No. 5 - Joint Secretary (Coop) and Central Registrar, Department of Agriculture Co- operation of Farmers Welfare, Ministry of Agriculture and Farmers Welfare, New Delhi, inter alia seeking quashing and setting aside the impugned Notice dated 29 th Nitin 2 / 8 6-WPL-5005-2021-F.doc January, 2021 issued by Respondent No. 2, in the circumstances set out hereinafter :
1.1. Respondent No. 4 - Apex Urban Cooperative Bank of Maharashtra and Goa Limited, is a Multistate Cooperative Society registered under the Multistate Co-
operative Societies Act, 2020 ('the Act').
1.2. The Petitioner was appointed as Manager (Legal) by the Managing Committee of Respondent No. 4 Bank.
1.3. The Respondent No. 4 Bank is admittedly the owner of six premises on the sixth foor of the building known as 'Sharda Sadan' constructed on land being Plot No. 51 (part), 11, Sayyed Abdulla Brelvi Marg, Fort, Mumbai - 400 001. The said six premises approximately admeasure 699 sq.ft., 334 sq.ft., 404 sq.ft., 164 sq.ft. 174 sq.ft. and 454 sq.ft. (hereinafter referred to as 'the said Premises'). 1.4. The important bank records, documents, fles and books of the Respondent No. 4 Bank were kept in the said Premises. The Petitioner being the then Manager (Legal) was incharge of and in occupation of the said Premises and was therefore allowed to occupy the said Premises.
1.5. In pursuance of the direction of the Hon'ble Supreme Court, the Reserve Bank of India ('RBI') cancelled the banking license issued to the Respondent No. 4 Bank vide Order dated 30th October, 2003.
1.6. In order to protect the interest of the stakeholders / shareholders of the Respondent No. 4 Bank, the Central Registrar of Coop. Societies, Government of India, restrained the then Board of Directors of the Respondent No. 4 Bank from Nitin 3 / 8 6-WPL-5005-2021-F.doc taking any decision, or implementing any decision, adversely afecting the interest and business of the Society vide Order dated 31st August, 2005. 1.7. The Petitioner is admittedly 64 years old. According to the Respondent No. 4 Bank, the Petitioner is already retired from service of the Respondent No. 4 Bank upon attending the age of superannuation vide Letter / Order dated 9 th September, 2019.
1.8. Despite requests and notices, the Petitioner refused to handover the properties of the Respondent No. 4 Bank. In view thereof, the Respondent No. 4 through its Liquidator initiated proceedings as per the provision of Section 90 of the Act, for recovery of peaceful possession of the said Premises, recovery of compensation as well as other belongings of the Respondent No. 4 which the Petitioner has retained despite having retired from the service of the Respondent No. 4 Bank.
1.9. The said proceeding initiated under Section 90 of the Act, fled against the Petitioner were disposed of by Mr.Sanjeev Narhari Khadke, Liquidator of the Respondent No. 4 Bank (appointed under Section 89 of the Act). The operative Order dated 1st September, 2020 is reproduced hereunder :
"1. In exercise of powers vested under Sections 89 and 90 of the Multi State Cooperative Societies Act, 2002 and Rules thereof, I, Sanjeev Narhari Khadke, Liquidator of The Apex Urban Cooperative Bank Ltd., (appointed by the Central Registrar of Coop. Societies, Government of India, Krishi Bhawan, New Delhi), order and direct Nitin 4 / 8 6-WPL-5005-2021-F.doc the Respondent Mr. Bargal Dilipkumar, (Ex-Manager (Legal) to forthwith handover to the Applicant Bank the peaceful possession of the property - premises of the Bank, occupied by him, which is described in the Schedule of the notice dated 20 th February, 2020 and which is annexed to this Order as Annexure - A which forms the parts of this Order.
2. Respondent Mr. Bargal Dilipkumar shall handover vacant and peaceful possession of the said properties - premises to the General Manager Shri Madhav B. Jambhekar, the authorized ofcer of the Applicant Bank by removing all his belongings, if any.
3. The authorized ofcer Shri Madhav B. Jambhekar shall take all the necessary steps to take the peaceful possession of the properties / premises from the Respondent by getting police aid if necessary.
4. Respondent Mr. Bargal Dilipkumar shall be liable to pay compensation by way of damages to the bank for his illegal, unauthorized use, occupation and possession of the property - premises of the Bank. The compensation and interest thereof, to be paid by the Respondent is calculated on the basis of prevailing market rate (based on the Government Ready Recknor) during relevant period i.e. from the date of expiry of time limit granted to the Respondent to handover possession of the property - premises in the letter / order of his retirement dated 9 th September, 2019 till the date he actually hands over possession of the property - premises to the Applicant Bank. This calculation is separately done and annexed herewith and marked as Annexure-B which forms the part of this order.
5. It is further ordered that the statutory dues of service of the Respondent if any shall be paid after the Respondent hands over Nitin 5 / 8 6-WPL-5005-2021-F.doc vacant and peaceful possession of the property - premises to the bank.
6. This order is passed by the undersigned without prejudice to the rights of the Bank for expediting the process of winding up and for recovery of compensation and vacant and peaceful possession of the concerned property - premises from Respondent Mr.Bargal Dilipikumar by having recourse to other provisions of law, if any and the powers vested in the undersigned Liquidator".
1.10. The said Order was accompanied with Schedule of property of which the Petitioner was directed to handover possession and a separate Schedule of calculation of compensation claiming dues of Rs.18,53,393/- till 1 st September, 2020 along with interest.
1.11. The Petitioner impugned the said Order dated 1 st September, 2020 by fling an Appeal before the Appellate Authority, i.e. Joint Secretary (Coop) and Central Registrar, Ministry of Agriculture and Farmers Welfare, New Delhi, under Section 99 (1) (g) of the Act on 3 rd December, 2020. The Petitioner had not taken out any Application seeking stay of the Order dated 1 st September, 2020 until 17th February, 2021, that is the day on which the above Writ Petition is fled. 1.12. On 29th January, 2021, the Tahsildar, Government Dues Recovery, Mumbai City issued a Notice of Demand to the Petitioner under Section 267 of the Maharashtra Land Revenue Code, 1966 ('the Code') to pay a sum of Rs.19,40,681/- as on 31st December, 2020 plus interest @ 4.5% p.a. from 1 st January, 2021 till the fnal date of handing over possession of the said premises due from the Petitioner, as per Nitin 6 / 8 6-WPL-5005-2021-F.doc the details mentioned in the said Notice, which are to be recovered as arrears of land revenue under Section 267 of the Code within a period 20 days from the date of service of the Notice.
1.13. The Petitioner fled the above Writ Petition on 17 th February, 2021 and moved this Court for urgent reliefs. On the same day, the Petitioner in the pending Appeal fled an Application seeking stay of the Order passed by the Liquidator dated 1 st September, 2020.
2. When this Court enquired from the Learned Advocate representing the Petitioner, who is present in Court, whether the Petitioner had any evidence whatsoever in the form of document or otherwise, to substantiate his claim with regard to the said Premises of the Respondent No. 4 Bank, which are worth several crores of rupees, the only answer that he gave to the Court was that there is a resolution passed by the Respondent No. 4 Bank allowing him to use the said Premises. When this Court called upon the Advocate for the Petitioner to produce the said resolution, he informed the Court that he did not have even a copy of the same.
3. The Learned Advocate appearing for the Petitioner on instructions submitted that the Notice of Demand was required to be stayed since the Petitioner had fled the Appeal under Section 99 (1) (g) of the Act before the Appellate Authority, i.e. Joint Secretary (Coop) & Central Registrar, New Delhi, which is not disposed of till date. In fact, the Petitioner had not even made an Application before the said Appellate Authority to stay the Order passed by the Liquidator dated 1 st Nitin 7 / 8 6-WPL-5005-2021-F.doc September, 2020, until on 17 th February, 2021 i.e. when such Application for stay was made, which is also the date when the above Writ Petition was fled before this Court.
4. When this Court further enquired from the Petitioner through his Advocate whether the Petitioner is willing to deposit an amount of Rs.19,40,681/- in Court, the Petitioner through his Advocate informed the Court that he shall do so by 25th February, 2021. In view thereof, since the Appellate Authority is joined as Respondent No. 5 in the above Writ Petition, this Court requested the Learned Additional Solicitor General to remain present at 03.00 p.m. Upon the Learned Additional Solicitor General appearing before the Court, this Court enquired from him how expeditiously the Appeal of the Petitioner could be disposed of. The matter was thereafter adjourned to 22nd February, 2021.
5. Since the matter did not reach on 22 nd February, 2021, the matter was called out today, when the Learned Additional Solicitor General informed the Court that the Appeal is fled by the Petitioner before a wrong Authority and the same is required to be fled before the Additional Secretary Co-operation Ministry of Agriculture and Farmers Welfare. When we turned to the Learned Advocate for the Petitioner and informed him that we are recording the statement of the Petitioner that he will deposit an amount of Rs.19,40,681/- in Court by 26 th February, 2021, and will allow him to fle the Appeal before the Additional Secretary Co-operation Ministry of Agriculture and Farmers Welfare within a period of one week, and request the Appellate Authority to dispose of the Appeal of the Petitioner within a period of two Nitin 8 / 8 6-WPL-5005-2021-F.doc weeks thereafter, the Petitioner backtracked from the earlier statement made before this Court with regard to depositing the sum of Rs.19,40,681/- in Court by 26 th February, 2021, and now stated that the Petitioner will deposit the said amount only after three weeks. To put it mildly, we fnd that the conduct of the Petitioner, dishonest.
6. The Advocate for the Petitioner also sought to produce certain documents before the Court including a typed copy of the purported resolution passed by the Respondent No. 4 Bank. The Advocate for the Respondent No. 4 Bank has produced the original record wherein no such resolution is found. The letters sought to be relied upon by the Petitioner also do not have the acknowledgment of the Respondent No. 4 Bank. We are therefore constrained to dismiss the above Writ Petition. However, the Petitioner shall be at liberty to move the Appellate Authority, i.e. Additional Secretary Co-operation Ministry of Agriculture and Farmers Welfare, seeking appropriate reliefs. The above Writ Petition is accordingly disposed of.
(VINAY JOSHI, J. ) ( S.J. KATHAWALLA, J. )