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2008 Supreme(Bom) 700

N.V.DABHOLKAR, S.B.DESHMUKH
Maharashtra State Co-operative Bank Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates appeared
Shri. R.N. DHORDE, Advocate, for the Petitioner.
Shri. N.B. KHANDARE, Govt. Pleader for Respondent No.1 to 3. (Respondent No.4 deleted).
Shri. DILIP BANKAR PATIL, Advocate, for Respondent No.5.
Shri. P.R. PATIL, Advocate for Respondent No.6.
Shri. V.D. SALUNKE, Advocate, for Respondent Nos.7 to 11.
Shri. B.L. SAGAR KILLARKAR, Advocate, for Respondent Nos.12 to 14.
Shri. P.M. SHAH, Senior Counsel, i/by
Shri. P.V. BARDE, Advocate, for Liquidator-Boardadded Respondent No.15.

N. V. DABHOLKAR, J.

( 1 ) ALL ten writ petitions, together with four surviving civil applications therein, are being considered together, for disposal. Common factor in all these matters, is Godavari Dudhna Sahakari sakhar Karkhana Ltd. at and post office Dev nandra, Taluka Pathri, District Parbhani (henceforth, referred to as "the sick factory" ). The sick factory has come to grinding halt, so far as its business of production of sugar is concerned. After interim order of liquidation under Section 102 of the Maharashtra Cooperative societies Act, 1960 ("mcs Act" for brevity's sake)dated 14. 3. 2002, finally, liquidation of the said sick factory, which is a specified co-operative society under Section 73-G of the MCS Act; is ordered on 15. 5. 2002. During the period the sick factory is under liquidation, there had been oscillation of decisions by the authorities under the MCS Act, regarding fate of the sick factory, whether to run it by granting lease or to effect sale of the same for satisfying its debts. This is because, the sick factory is heavily indebted to the Apex bank of the Cooperative Sector in the State, i. e. The Maharashtra State Cooperative bank. ("msc Bank" for brevi











































































































































































































































































































































































































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