Bombay High Court
Amjad Ameer Khan Lodhi vs Pen Co-Operative Urban Bank Ltd on 22 November, 2022
Author: S. G. Dige
Bench: R. D. Dhanuka, S. G. Dige
Shubhada S Kadam 13 wp 974.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 974 of 2021
Amjad Ameer Khan Lodhi ....Petitioner
Versus
Pen Co-operative Urban Bank Ltd. and ors. ....Respondents
Dr. Abhinav Chandrachud along with Ms. Ridhima Mangaonkar i/b.
Mr. Vivek B. Pandy, Advocate for the Petitioner.
AGP for Respondent - State
Mr. Kirit J. Hakani along with Ms. Niyati Mankad and Mr. Advait
Dalvi, Advocate for Respondent Nos.1 and 2.
Mr. A. I. Patel, Addl. GP along with Mr. S. L. Babar, AGP for
Respondent Nos.3 and 4 -State.
CORAM : R. D. DHANUKA &
S. G. DIGE, JJ.
DATE : 22nd NOVEMBER, 2022. P.C. :
1. Petitioner has impugned the certificate under Section 100 of the Maharashtra Cooperative Societies Act, 1960 (for short "the MCS Act") issued by respondent No.3, thereby ordering that the right, title and interest of M/s Aqsa Travel and Tours Pvt. Ltd. and M/s. Aqsa Engineering and Allied Industsries in the said property shall vest in the said bank and shall be delivered to the bank subject to the terms and conditions laid down in the schedule annexed to the said certificate.
1/4 Digitally signed by SHUBHADA SHUBHADA SHANKAR SHANKAR KADAM KADAM Date: 2022.11.25 18:30:02 +0530 Shubhada S Kadam 13 wp 974.2021.doc
2. The case of the petitioner, in this petition, is that the petitioner was neither a party to the dispute filed by respondent No.1-bank before the Co-operative Court under Section 91 of the MCS Act, nor was a party to the consent terms. According to the petitioner, the petitioner was not even aware of the proceedings filed by respondent No.1 against those two companies or the consent terms filed therein. Only upon obtaining the information under the provisions of Right to Information Act, much later, the petitioner came to know about the said certificate. The petitioner has also placed reliance on the statement of the concerned Divisional Joint Registrar- Mr. Bhushan who has alleged to have signed the said certificate impugned in the petition stating that he had not signed any such certificate.
3. It is common ground that the dispute filed by the petitioner including the said consent terms, based on which, respondent No.1 has obtained certificate under Section 100 of the MCS Act is still pending before the Co-operative Court, Mumbai. Only upon the adjudication of the said dispute, these proceedings can be disposed of depending on the outcome whether the consent 2/4 Shubhada S Kadam 13 wp 974.2021.doc terms filed by respondent No.1-Bank and the opponent in the dispute under Section 91 of the MCS Act was validly obtained or not.
4. We, accordingly, pass the following order :
(1) Rule.
(2) Mr. Hakani, learned counsel, waives service for respondent Nos.1 and 2. Mr. Patel, learned Additional GP, waives service for respondent Nos.3 and 4.
(3) During the pendency of the petition, there shall be an interim relief in terms of prayer clause (c) which reads thus :
"(c) That pending the
hearing and final disposal
of the present Petition, the
Respondents be restrained
from acting upon or in any
manner executing
the said certificate bearing
No.DJR/KONKAN/ADM/
CERTIFICATE u/s
100/893/2003 dated
05/02/2003."
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Shubhada S Kadam 13 wp 974.2021.doc
(4) The parties are at liberty to apply for early hearing of this petition depending upon the outcome of the dispute related to the said consent terms bearing Dispute Nos.80 of 2016, 81 of 2016 and 82 of 2016 filed by the petitioner before the Co-operative Court. (5) During the pendency of the petition, the respondents shall not take any further steps in executing the recovery certificate annexed at Exhibit-"C" to the petition in respect of item disclosed at serial No.5 of the said certificate i.e. Residential Plot at Village Shil Khopoli, Taluka Khalapur:
S.No. Hissa No. Hectare Guntha Area S.M. 10 2 + 3 A 0.00 68.00 1.700 6,879,6559 10 4A 0.00 90.00 2.250 9,105,4269 10 5 0.00 10.00 0.250 1,011,7141 11 0 0.00 21.00 0.525 2,214,5996
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4,725 19,211,3965 (6) Hearing of the aforesaid disputes are expedited. (7) Both the parties are directed to cooperate with each other and the co-operative court to dispose of the disputes expeditiously.
(S. G. DIGE, J.) (R. D. DHANUKA, J.)
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