Pooja P.Aggarwal & Ors. v. Ltd & Ors.
Case at a glance
- Decided
- 09 Feb 2005
- Bench
- B H MARLAPALLE
Provisions considered
Key paragraphs
- Para 22. Hence, the same is hereby rejected summarily with liberty to the petitioners as is available in law. [ B.H.MARLAPALLE,J. ]
Judgment
.... Mr.Y.K.Sharma for Petitioners Mr.N.M.Bhadrashette for Respondent no.1 Mr.P.I.Khemani A.G.P. for Respondent nos.2 and 5. .... CORAM : B.H.MARLAPALLE,J. CORAM : B.H.MARLAPALLE,J. CORAM : B.H.MARLAPALLE,J. DATE : FEBRUARY 9,2005 DATE : FEBRUARY 9,2005 DATE : FEBRUARY 9,2005 P.C.: P.C.: P.C.:
Heard Mr.Sharma, the learned counsel for the petitioners. The attachment warrant has already been executed and the possession of the suit flat has been taken over by the respondent no.1 bank. The recovery certificate issued under Section 101 of the Maharashtra Co-Operative Societies Act, 1960 can be challenged in a Revision under Section 154 read with Rule 107 of the Maharashtra Co.Operative Societies Rules, 1961 or in the alternative the present petitioners may have a civil remedy to challenge the order of attachment if they claim or any one of them claims that the suit property is an exclusive property of one of them. This petition cannot be entertained against the order of attachment. -2-
Hence, the same is hereby rejected summarily with liberty to the petitioners as is available in law.
[ B.H.MARLAPALLE,J. ]
Questions this judgment answers
Which statutory provisions did this judgment involve?
Maharashtra Co-Operative Societies Act, 1960 — s. 101.
Which court decided this case, and when?
Bombay High Court, on 09 Feb 2005. The bench was B H MARLAPALLE.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.