LAWS(BOM)-2019-6-97

SHRI SHRIRANG GAJANAN HOLE Vs. SPECIAL RECOVERY OFFICER

Decided On June 03, 2019
Shri Shrirang Gajanan Hole Appellant
V/S
SPECIAL RECOVERY OFFICER Respondents

JUDGEMENT

(1.) By this Writ Petition the Petitioner challenges the order dated 27/11/2017 passed by Respondent No.5 i.e. the Divisional Joint Registrar, Co- operative Societies, Pune (Rural) by which order the application filed by the Petitioner in Revision Application No.297 of 2017, pending before Respondent No.5, for interim stay to the execution of public auction sale proceeding dated 24/10/2017 came to be rejected. By this Writ Petition the Petitioner further seeks direction to stay the auction proceeding under Rule 107 (14)(3) of the Maharashtra Co-operative Society Rule 1961 going on at the instance of Respondent Nos. 1 and 2 before Respondent No.6 in Application No.187/2017- 18 against the Petitioner.

(2.) The facts giving rise to filing of this Writ Petition, can in brief be stated as under:-

(3.) Dissatisfied by the public auction sale proceeding dated 24/10/2017, the Petitioner filed Revision Application under Section 154 of the MCS Act before Respondent No. 5 - Divisional Joint Registrar for setting aside the public auction sale and the proceedings dated 24/10/2017 made by Respondent Nos.1 and 2. Along with the said Revision Application, the Petitioner has filed an application for stay to the execution of public auction proceeding dated 24/10/2017 till final decision of the said Revision Application.