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2012 Supreme(Bom) 1555

ANOOP V.MOHTA
Maharashtra State Co-operative Bank Ltd. – Appellant
Versus
District Collector – Respondent


Advocates appeared:
For the Petitioner:Bhusan A. Walimbe, Advocate.
For the Respondents:R1, R2 & R5, S.D. Rayrikar, AGP, R3, P.M. Patel, R4, B.V. Samant, Advocates.
For the intervenor:M.L. Patil, Advocate.

Judgment :

Heard by consent of parties finally in view of urgency shown at admission stage.

2. The impugned order is passed by the Collector/Respondent No.1 dated 5 July 2012 pursuance to the order passed by this Court in Writ Petition No.291/2012 dated 1 March 2012.

3. The basic events as recorded in the earlier order are as under:

“3 By the present writ petition, the Petitioner who has advanced loans to Respondent No.3 sugar factory, which are outstandinggggg, had challenged the order dated 27.09.2011 passed by the Assistant Commissioner of Labour under Section 33C(1) of the Industrial Disputes Act, 1947 and the further order passed by the Tahsildar, Taluka Haveli on 12.12.2001 attaching the stock of sugar bags to the extent of 82092 quintal. The further action of the proposed auction of the said sugar bags is also challenged.

4. The Petitioner claims that the entire stock of sugar of Respondent No.3 Karkhana has been pledged with the Petitioner by the Karkhana by executing various Deeds of Pledge, which are annexed to the Petition and that in terms of the Deeds of Pledge, the Petitioner is in possession of the pledged sugar bags. On account of the order of the attachment, the god


























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