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2019 Supreme(Bom) 812

S.S.SHINDE
Shrirang Gajanan Hole – Appellant
Versus
Special Recovery Officer, Ujani Mahila Gramin Bigarsheti Sahakari Patsanstha Maryadit Bhigawan, Pune – Respondent


Advocates Appeared:
S.A. Tarale, Adv., G.S. Godbole, Adv., Shivraj Patni, Adv., Kaustubh Thipsay, Adv., S.H. Kankal, Adv., Prajakt M Arjunwadkar, Adv.

JUDGMENT :

S.S. Shinde, J.

By this Writ Petition the Petitioner challenges the order dated 27/11/2017 passed by Respondent No.5 i.e. the Divisional Joint Registrar, Cooperative Societies, Pune (Rural) by which order the application filed by the Petitioner in Revision Application No.297 of 2017, pending before Respondent No.5, for interim stay to the execution of public auction sale proceeding dated 24/10/2017 came to be rejected. By this Writ Petition the Petitioner further seeks direction to stay the auction proceeding under Rule 107 (14)(3) of the Maharashtra Co-operative Society Rule 1961 going on at the instance of Respondent Nos. 1 and 2 before Respondent No.6 in Application No.187/2017- 18 against the Petitioner.

2. The facts giving rise to filing of this Writ Petition, can in brief be stated as under :-

The Petitioner is a member of Respondent No.2 Society. It is the case of the Petitioner that Respondent No.2 Society has taken signature on the blank papers of the loan application, Karz Rokha and promissory note and executed mortgage deed in favour of Respondent No.2 Society. The said mortgage deed was executed on 06/05/2015 and registered in the office of the Sub Registrar. It














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