RAVINDRA v. GHUGE & Y. G. KHOBRAGADE, JJ. DATE
Case Details
2023:BHC-AUG:26897-DB This Order is Speaking to Minutes order of order dated //
Legal Reasoning
*1* 1 nob wp 14392 spkIN THE HIGH COURT OF JUDICATURE AT BOMBAYBENCH AT AURANGABAD WRIT PETITION NO. 14392 OF 2021Nirmala Dhanraj Chodhary And Another VERSUSThe State Of Maharashtra And Others WITHWRIT PETITION NO. 7176 OF 2019 WITHCIVIL APPLICATION NO. 14590 OF 2022 IN WP/7176/2019WITHCIVIL APPLICATION NO. 11807 OF 2021 IN WP/7176/2019 WITHCIVIL APPLICATION NO. 11808 OF 2021 IN WP/7176/2019 WITHCIVIL APPLICATION NO. 330 OF 2022 IN WP/7176/2019 WITHCIVIL APPLICATION NO. 329 OF 2022 IN WP/7176/2019 WITHCIVIL APPLICATION NO. 328 OF 2022 IN WP/7176/2019 WITHWRIT PETITION NO. 14387 OF 2021 WITHWRIT PETITION NO. 14429 OF 2021 WITHWRIT PETITION NO. 14391 OF 2021…Shri Anuj Fulpagar, Advocate i/by Shri P.R. Katneshwarkar,Advocate for Respondents 3 and 4 in WP/7176/2019.Shri P.K. Lakhotiya, AGP for the Respondents/ State Authorities.… CORAM : RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ. DATE :- 09th February, 2024Per Court :-1.This is a motion for speaking to the minutes of the This Order is Speaking to Minutes order of order dated //
Decision
*2* 1 nob wp 14392 spkorder dated 12.12.2023.2.The learned Advocate for the Respondent/ SugarFactory, submits that in all these matters, there is no Liquidatorappointed. It is the Authorized Officer who represents the SugarFactory. He, therefore, prays that in the Minutes of the Order “X-1” dated 12.12.2023, the parties may be permitted to replace theword “Liquidator” in clause 2 by the word “Authorized Officer”.Similarly, in paragraph 4E of the order 12.12.2023, the word“Liquidator” appearing at two places be replaced by the word“Authorized Officer”.3.In view of the above, leave to correct X-1 to theextent of clause 2. Consequentially, correction in paragraph 4E ofthe order be carried out and the corrected order be uploaded. Themotion is, accordingly, disposed off. kps (Y. G. KHOBRAGADE, J.) (RAVINDRA V. GHUGE, J.) This Order is Speaking to Minutes order of order dated // *3* 1 nob wp 14392 spk(This order stands corrected and uploaded in view of the order dated 09.02.2024)IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD8 WRIT PETITION NO. 14392 OF 2021Nirmala Dhanraj Chodhary And Another….Petitioner VERSUSThe State Of Maharashtra And Others…..Respondent WITHWRIT PETITION NO. 7176 OF 2019The Jalgaon District Central Co Op Bank Ltd Jalgaon Through ItsManager.....Petitioner VERSUSThe State Of Maharashtra And Others.....Respondent WITHCIVIL APPLICATION NO. 14590 OF 2022 IN WP/7176/2019Harshad Shashikant Jain.....Petitioner VERSUSThe Jalgaon District Central Co Op Bank Ltd Jalgaon Through Its ManagerWITHCIVIL APPLICATION NO. 11807 OF 2021 IN WP/7176/2019The Jalgaon District Central Co-op. Bank Ltd Jalgaon Through ItsManager.....Petitioner VERSUSThe State Of Maharashtra And Others.....Respondent WITHCIVIL APPLICATION NO. 11808 OF 2021 IN WP/7176/2019Mahendra Uddhav Dhande And Another.....Petitioner VERSUSThe Jalgaon District Central Co-operative Bank Limited Through ItsManager And Others.....Respondent WITHCIVIL APPLICATION NO. 330 OF 2022 IN WP/7176/2019Madhukar Sahakari Sakhar Karkhana Rashtriy Kamgar Sangha This Order is Speaking to Minutes order of order dated // *4* 1 nob wp 14392 spkFaizpur Through General Secretary.....Petitioner VERSUSThe Jalgaon District Central Co-operative Bank Ltd Jalgaon ThroughIts Manager And Others.....Respondent WITHCIVIL APPLICATION NO. 329 OF 2022 IN WP/7176/2019Vilas Tatyabhau Garje And Others.....Petitioner VERSUSThe State Of Maharashtra And Others .....Respondent WITHCIVIL APPLICATION NO. 328 OF 2022 IN WP/7176/2019Sanjay Jankiram Sarode And Others.....Petitioner VERSUSThe State Of Maharashtra And Others.....Respondent WITHWRIT PETITION NO. 14387 OF 2021Prabhakar Giridhar Chowdhary And Another.....Petitioner VERSUSThe State Of Maharashtra And Others.....Respondent WITHWRIT PETITION NO. 14429 OF 2021Arman Ramjan Tadvi And Another.....Petitioner VERSUSThe State Of Maharashtra And Others.....Respondent WITHWRIT PETITION NO. 14391 OF 2021Pandharinath Raghunath Nehete And Others.....Petitioner VERSUSThe State Of Maharashtra And Others.....Respondent …..Mr. V. D. Salunke, Mr. S. N. Patil h/for Mr. S.A. Ambilwade for the Petitioners in respective Petitions.Mr. P. K. Lakhotiya, AGP for Respondents State Mr. P. R. Katneshwarkar, Advocate for Respondent No. 3 and for R/4 This Order is Speaking to Minutes order of order dated // *5* 1 nob wp 14392 spkin WP No. 7176/2019Mr. N. K. Chaudhari, Advocate for Respondent No.4 and for R/9 in WP No. 7176/2019Mr. V. D. Hon, Senior Advocate i/by Mr. A.D. Sonkawade, Advocate for Respondent Nos. 6 and 7 in WP No. 7176/2019Mr. S.H. Tripathi, Mr. V.B. Patil, Mr. P.S. Dighe h/for Mr. V.R. Dhorde, Advocates for the intervenors. CORAM: RAVINDRA V. GHUGE & Y. G. KHOBRAGADE, JJ.DATE : 12th December, 2023ORDER: 1.Leave to add the Regional Joint Director, Sugar,Aurangabad as Respondent No.10. Addition be carried outforthwith. The learned AGP appears on behalf of the addedRespondent No.10.2.These matters were heard for some time yesterday. Bythe consent of the parties, a pass over was granted so as toenable them to prepare minutes of order or minutes ofunderstanding. Today, the said minutes have been tendered tous, which have been signed by Shri P. R. Katneshwarkar, Shri V.D. Salunke, Shri S. N. Patil, Shri A. D. Sonkawade. It ismarked as “X-1" for identification.3.We are informed across the bar that all the parties are This Order is Speaking to Minutes order of order dated // *6* 1 nob wp 14392 spkagreeable for the following (reproduced 'X-1' verbatim)."Minutes Of Order•All the Writ Petitions stand disposed off as under:-1.The amount of Rs.1,03,66,411/- be paid to the Petitioner/Bank from the amount deposited in this Hon'ble Court.2.The remaining amount alongwith interest accrued shouldbe transferred to Authorized Officer who shall disbursethe amount as per the order of Regional Joint Director.3.All the parties, except the Bank and P. F. Authority beforethis Hon'ble Court, shall appear before the Regional JointDirector and lodge their claims.4.Regional Joint Director shall decide the claims as per Lawand Rules.5.Regional Joint Director shall decide the claims within 2months from the date of receipt of this order."4.In view of the above, all these Petitions are disposedoff in terms of the ‘minutes of order X-1’. To be specific, werecord as under:-(A) As per the Order of this Court dated 29.10.2021, passedin Civil Application Nos. 11807 and 11808 of 2021, theApplicant Bank was permitted to withdrawRs.10,18,07,563/- out of an amount of This Order is Speaking to Minutes order of order dated // *7* 1 nob wp 14392 spkRs.29,66,90,458/-, which was earlier deposited in thisCourt and the remaining amount of Rs.19,48,82,895/-was retained in this Court. (B) An amount of Rs.1,03,66,411/- would be withdrawn bythe Jalgaon District Central Cooperative Bank Ltd.,through its authorized signatory (Petitioner), from thisCourt under due identification by the learned Advocaterepresenting the party.(C) An amount of Rs.1,37,14,112/- would be withdrawnfrom this Court by the Regional Provident FundCommissioner (I), Regional Office, Nasik, through anauthorized representative and under identification of thelearned Advocate representing the party.(D) By consent of the parties, the remainder amount withaccrued interest, meaning that, the amount deposited inthis Court after paying the Bank and the PF authorities,would be transferred to the Regional Joint Director ofSugar, Aurangabad. He would consider the claims ofthe parties with regard to the apportionment of theirdues, strictly in accordance with law. This Order is Speaking to Minutes order of order dated // *8* 1 nob wp 14392 spk(E) If there are any other claimants who can legitimatelystake their claim for unpaid dues, they shall apply to theAuthorized Officer and the Authorized Officer wouldfollow the due procedure laid down in law, whileconsidering such claims. 5.Pending Civil Applications do not survive and standdisposed off.( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J. )JPChavan