OMKAR SWITCHGEARS Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) Rule, returnable forthwith. With the consent of the learned counsel for the parties, heard finally.

(2.) The petitioners have prayed for quashing and setting aside the Recovery Certificates dated 26.12008, issued by respondent no.2Deputy Registrar, Cooperative Societies, Aurangabad, in Dispute Nos.658 of 2008, 659 of 2008 and 660 of 2008 for recovery of the amounts of Rs.26,54,216/, Rs.1,25,42,797/and Rs.34,63,362/respectively, from the petitioners (a) and (b) and respondent no.7, who are the partners of "Omkar Switchgears", a registered partnership firm. They have further prayed for setting aside the auction sale held on 21.01.2010 and sale certificate dated 01.07.2011, issued by respondent no.4 Special Recovery Officer and respondent no.3Cooperative Bank, in respect of the plot bearing No.F99, admeasuring 5,000 square meters, situate in Waluj Industrial Area, Ranjangaon, Taluka Gangapur, District Aurangabad, in favour of respondent no.8 the auction purchaser namely M/s. Technocraft Toolings.

(3.) The facts, in short, which are necessary for the purpose of deciding this Writ Petition, are that in order to recover the amounts advanced to the partnership firm of the petitioners, respondent no.2Deputy Registrar, initiated recovery proceedings under Section 101 of the Maharashtra Cooperative Societies Act, 1960 ("the Act", for short) bearing Dispute Nos. 658 of 2008, 659 of 2008 and 660 of 2008 and ultimately issued certificates dated 26.12.2008 for recovery of the abovereferred amounts. The abovenumbered plot of the petitioners came to be attached for recovery of the amounts mentioned in the recovery certificates. Respondent no.4Special Recovery Officer, issued proclamation dated 21.12.2009 for conducting auction sale of the attached plot of the petitioners, for realisation of the amounts shown in the recovery certificates. The said auction sale was scheduled to be held on 21.01.2010 at 12.00 noon, on the above mentioned plot itself. Accordingly, the auction sale was conducted on 21.01.2010, wherein five bidders participated. Respondent no.8 being the highest bidder, its bid for Rs.1,60,00,000/came to be accepted and after negotiations it came to be finalised at Rs.1,70,00,000/. Respondent no.8 deposited the amount of Rs.30,00,000/by issuing two cheques with respondent no.4 on the day the auction sale was conducted. After receiving the balance amount from respondent no.8, respondent no.4 delivered possession of the abovenumbered plot to respondent no.8 on 30.01.2010. Respondent no.4 further issued a sale certificate in respect of that plot in favour of respondent no.8 on 01.07.2011.