LAWS(BOM)-2022-5-133

OM CONSTRUCTION & INFRASTRUCTURES Vs. STATE OF MAHARASHTRA

Decided On May 06, 2022
Om Construction And Infrastructures Appellant
V/S
STATE OF MAHARASHTRA Respondents

JUDGEMENT

(1.) The Petitioner is registered partnership firm and is in the business of construction and real estate development. The Petitioner by the present Writ Petition is seeking following reliefs:- Proceedings bearing Upset Price Fixation Application No.5/2021 be declared as illegal. The act of the Respondent No.3 in proceeding to auction/sale the Petitioners immovable property without complying with the provisions of Rule 107 (11) (d-1) of the Maharashtra Cooperative Societies Rules, 1961 (hereinafter referred to as the said Rules) is bad in law and liable to be set aside. Order dtd. 31/3/2022 passed in Upset Price Fixation Proceeding No.5-21/2022 be quashed and set aside. The auction notices dtd. 16/4/2022 and 3/5/2022 be quashed and set aside.

(2.) The factual position necessary for the determination of the dispute between the parties is set out hereinbelow:-

(3.) The affidavit-in-reply dtd. 6/5/2022 of Namdeo Sukhdeo Borade, Special Recovery Officer was filed on behalf of the Respondent No.3. In the said affidavit-in-reply following contentions are raised:-