HIGH COURT OF BOMBAY
HON'BLE SHRI JUSTICE MANISH PITALE
DEOGIRI NAGARI SAHAKARI BANK LTD. – Appellant
Versus
OFFICIAL LIQUIDATOR OF SANDEEP POLYNERS AND 4 OTHERS – Respondent
IPA/133/2018
2024:BHC-OS:4357 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 461 OF 2018 WITH WRIT PETITION NO. 462 OF 2018 WITH WRIT PETITION NO. 463 OF 2018 The Official Liquidator, High Court, Bombay of Sundeep Polymers Pvt. Ltd. & Ors. … Petitioners Versus The State of Maharashtra through its Secretary, Co-operation Department & Ors. … Respondents WITH INTERIM APPLICATION NO. 3335 OF 2021 IN WRIT PETITION NO. 461 OF 2018 WITH INTERIM APPLICATION NO. 3334 OF 2021 IN WRIT PETITION NO. 462 OF 2018 WITH INTERIM APPLICATION NO. 3330 OF 2021 IN WRIT PETITION NO. 463 OF 2018 Dileep Balkrishna Nevatia … Applicant/
Petitioner No.2 In the matter between :
The Official Liquidator, High Court, Bombay of Sundeep Polymers Pvt. Ltd. & Ors. … Petitioners Versus The State of Maharashtra through its Secretary, Co-operation Department & Ors. … Respondents WITH WRIT PETITION NO. 464 OF 2018 WITH IN PERSON APPLICATION NO. 95 OF 2018 IN NOTICE OF MOTION (L) NO. 395 OF 2018 IN WRIT PETITION NO. 464 OF 2018 WITH WRIT PETITION NO. 465 OF 2018 WITH IN PERSON APPLICATION NO. 94 OF 2018 IN NOTICE OF MOTION (L) NO. 394 OF 2018 IN WRIT PETITION NO. 465 OF 2018 WITH WRIT PETITION NO. 467 OF 2018 WITH IN PERSON APPLICATION NO. 133 OF 2018 IN NOTICE OF MOTION (L) NO. 393 OF 2018 IN WRIT PETITION NO. 467 OF 2018 Deogiri Nagari Sahakari Bank Limited … Petitioner/
Applicant Versus The Official Liquidator, High Court, Bombay of Sundeep Polymers Pvt. Ltd. & Ors. … Respondents ******
Mr. Shanay Shah for Official Liquidator-Petitioner No.1 in WP/461/ 2018, WP/462/2018 and WP/463/2018; Respondent No.1 in WP/464/
2018, WP/465/2018 and WP/467/2018.
Mr. Dileep Nevatia, Petitioner No.2 in-person and for Petitioner No.3 in WP/461/2018, WP/462/2018 and WP/463/2018, and for Respondent Nos.2 and 3 in WP/461/2018, WP/462/2018 and WP/463/2018.
Mr. Nigel Quraishy a/w Ms. Varsha Sawant, Mr. Dushyant Krishnan and Mr. Advait Vajaratkar, i/by Abhijeet Joshi for Petitioners in WP/464/2018, WP/465/2018 and WP/467/2018 and Respondent Nos.4 & 5 in WP/461/2018, WP/462/2018 and WP/463/2018.
Mr. Manish Upadhye, AGP for State in WP/461/2018, WP/462/2018 and WP/463/2018.
Mr. Himanshu Takke, AGP for State in WP/464/2018, WP/465/2018 and WP/467/2018.
******
CORAM: MANISH PITALE, J.
RESERVED ON : 29th JANUARY 2024 PRONOUNCED ON : 14th MARCH 2024 JUDGMENT :
. By this judgment and order, six writ petitions shall be disposed of. Three writ petitions were filed by Deogiri Nagari Sahakari Bank Limited, while the other three writ petitions were filed by the company - Sundeep Polymers Private Limited along with its two Directors. Since, the company went into liquidation, the official liquidator is now representing the said company before this Court. For the sake of convenience, the contesting parties are referred to as the co-operative bank and the company in liquidation. Both parties are aggrieved by orders passed by the Divisional Joint Registrar of Co-operative Societies (hereinafter referred to as ‘Joint Registrar’). The co-operative bank is aggrieved by orders dated 15th May 2009 and 20th May 2009, passed by the Joint Registrar. The company in liquidation is aggrieved by orders dated 11th November 2008, passed by the Joint Registrar.
2. Before referring to the chronological sequence of events leading to filing of the six writ petitions, it would be appropriate to refer to the order dated 15th November 2017, passed by this Court (Coram: Dr. Manjula Chellur, Chief Justice), in a Miscellaneous Civil Application. By the said order, this Court allowed the application, as a consequence of which all the writ petitions stood transferred from the Aurangabad Bench of this Court, where they were originally filed, to the principal seat of this Court. In the said order, this Court directed that since the company had gone into liquidation, the writ petitions would be heard by the company Court. It is for this reason that the six writ petitions have come up for consideration before t
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