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HIGH COURT OF BOMBAY
SANDEEP V. MARNE, J
Swati Mangesh Sawant – Appellant
Versus
The State of Maharashtra and Ors. – Respondent
| Table of Content |
|---|
| 1. petitioner challenges the attachment of the flat. (Para 2 , 3) |
| 2. details of the flat's ownership and previous transactions. (Para 4 , 5) |
| 3. discussion on the legal implications of ownership transfer. (Para 6 , 8) |
| 4. court's interpretation of the maharashtra cooperative societies act. (Para 13 , 18) |
| 5. final ruling respects ownership rights against the recovery action. (Para 20 , 21) |
1. Rule. Rule made returnable forthwith. With the consent of the learned counsel appearing for the parties, Petition is taken up for hearing.
2. By this petition, Petitioner challenges the Notice issued by the Special Recovery Officer dated 12 March 2021 and Recovery Certificate dated 10 February 2020 issued by the Assistant Registrar of Cooperative Societies. Petitioner is neither a borrower nor a guarantor and the Recovery Certificate dated 10 February 2020 is not issued in his name and thus no amount is sought to be recovered from him. However, Notice dated 12 March 2021 is issued by the Special Recovery Officer proposing to attach immovable properties of the borrower. Petitioner has purchased Flat No.001/E-2, Shree Bhavdevi Krupa Co-operative Housing Society Ltd., Pramila Nag
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