SANJU VITTHAL GOSAVI Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The Petitioners - Shri Sanju Vithal Gosavi and Shri Raju Gangaram Gawali have filed the above Writ Petition against Respondent No.1 - The State of Maharashtra, Respondent No.2 - Omsai Sahakari Patsanstha Maryadit Mumbai, a Co- operative Society registered under Maharashtra Co-operative Societies Act and Respondent No.3 - Akshay Bhaginath Tribhuvan who is admittedly the legal representative of the deceased Shri Bhaginath Ramchandra Tribhuvan for the following reliefs :

(2.) The Petitioners have submitted that they are working as Peons in Vidya Bhavan School, Ghatkopar (East), Mumbai - 400 077. Shri Bhaginath Ramchandra Tribhuvan (the deceased) was working alongwith them in the said school. At the request of the deceased, the Petitioners became members of the Respondent No.2 - Society and also guaranteed repayment of the loan amount sanctioned and disbursed by Respondent No. 2 in favour of the deceased. Since the deceased failed and neglected to pay the loan amounts, Respondent No.2 - Society commenced recovery proceeding against the Petitioners and the deceased under Section 101 of the Maharashtra Co-operative Societies Act, 1960. Thereafter, a recovery certificate dated 12 th December, 2017, was issued for a sum of Rs.14,38,073/- and the bank accounts of the Petitioners have been attached since June / July, 2019. It is submitted that since the salary of the Petitioners are deposited by their employer in their respective bank accounts shown in prayer clause (b) above, they are unable to withdraw any monies since the last more than 15 months because of which they are facing grave financial problems. It is submitted that they have therefore filed the above Writ Petition seeking the above reliefs. The Petitioners have also made several allegations against the deceased and Respondent No.2 - Society. They have also alleged that the recovery certificate was issued for a sum of Rs.14,38,073/- without giving hearing to them. They have also made a grievance that though the deceased had mortgaged Room No.1031, Redhill Co- operative Housing Society, Lal Dongar, Chembur, Mumbai - 400 071, since Respondent No.3 challenged the attachment notice issued by Respondent No.2, the Respondent No.2 agreed to withdraw the attachment notice dated 12 th December, 2017.

(3.) The Chairman of Respondent No.2 - Society has filed his Affidavit-in- Reply dated 12th October, 2020, wherein he has inter-alia made the following submissions :-