1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.2791/2005 The Nanded District Central Co-operative Bank Ltd. ,Nanded, having its Head Office at Station Road, Nanded Through its Manager Shri Jaiprakash S/o Dharmayya Patre Age 53 years, Occ-Service-Manager R/o Nanded D.C.C.Bank Ltd. Station Road, Nanded. .. PETITIONER VERSUS 1] The Stae of Maharashtra Through the Secretary, Food and Civil Supply, Mantralaya, Mumbai-32 [Copy to be served on Government Pleader, High Court of Judicature of Bombay Bench at Aurangabad] 2] The Assistant Provident Funds Commissioner, Sub-Regional Office, Town Centre, CIDCO, Aurangabad. 2 3] The Enforcement Officer, Employment Provident Fund Organisation, Sub-Regional Office, Town Centre, CIDCO, Aurangabad. 4] Kalambar Vibhag Sahakar Sakhar Karkhana Ltd. Gandhinagar, Taluka Loha, Dist.Nanded Through its Managing Director. .. RESPONDENTS .... Shri K.J.Suryawanshi, Advocate for petitioner Shri K.B.Choudhari,A.G.P. for Respondents 2 and 3 Shri S.T.Ghute,Adv. for respondent no.4 .... CORAM : NARESH H.PATIL & N.D.DESHPANDE,JJ. DATE : 15/3/2010 ORAL JUDGMENT : [PER PATIL,J.] 1] By consent of the parties, petition is taken up for final hearing. 2] The petitioner is a specified co-operative society engaged in banking. In the year 2000-01, the petitioner sanctioned 3 hypothication and pledge of goods for loan of Rs.11 Crores and thereafter, additional pledge of goods, for loan of Rs.3 Crores in favour of respondent no.4 Kalambar Vibhag Sahakar Sakhar Karkhana Ltd. Gandhinagar, Taluka Loha, Dist.Nanded,through its Managing Director, against manufactured sugar stock. 3] The manufactured sugar stock was given in custody of the petitioner by respondent no.4 in the crushing season of 1999-2000 onwards. The respondent no.4 started functioning after 2003. It is contended by the petitioner that [10736] bags are in custody of the petitioner against the loan advanced to the respondent no.4 by petitioner-bank. 4] The respondent no.3 - The Enforcement Officer, Employment Provident Fund Organisation, Sub-Regional Office,Town Centre, CIDCO, Aurangabad, attached [10211] sugar bags lying in godown nos.1,2 and 4 of respondent no.4 by conducting panchanama against provident fund dues. 5] In short, the contention of the petitioner is that the petitioner 4 has first taken over the goods lying in the godown against the loan, which was advanced to respondent no.4. The stand of the respondent no.4 is that in view of the settled position in law, the Provident Fund Authorities would have first charge on the goods on which loan was advanced by the bank. 6] The issue raised in this petition is no more res-integra. In the light of the judgment of the Apex Court reported in 2009 AIR S.C.W. 6784 Maharashtra State Co-op.Bank Limited V/s Assistant Provident Fund Commissioner WITH Maharashtra State Co-operative Bank Ltd. V/s The Employees Provident Fund Organization and ors., this controversy is concluded now. 7] The petition was moved by the respondent no.4 by circulating Civil Application No.6563/2007 for the withdrawal of the amount of Rs.81,12,547/- deposited by the petitioner-bank in this Court. 8] In the light of the settled position in law, the learned counsel appearing for the contesting parties consented for final disposal 5 of the Writ Petition at this stage. 9] Shri K.B.Choudhari, learned counsel appearing for original respondent nos.2 and 3 the Provident Fund Officer, further relied on the judgment and order passed by this Court in Writ Petition Nos.1237/2010 and 1593/10 delivered by Division Bench of this Court (Coram : A.M.Khanwilkar and S.S.Shinde,JJ.) on 3/3/2010. We have perused the judgment stated above. 10] In the light of the judgment, we find that the issue raised by the petitioner has been answered. The issue is answered in favour of the Provident Fund Officer. The original respondents 2 and 3 are entitled to withdraw the amount deposited in this Court by the bank. The petition is without any merit. It is accordingly dismissed. 11] The respondent no.2 – The Assistant Provident Funds Commissioner, Sub-Regional Office, Town Centre, CIDCO, Aurangabad and respondent no.3 – The Enforcement Officer, Employment Provident Fund Organisation, Sub-Regional Office, 6 Town Centre, CIDCO, Aurangabad, are permitted to withdraw amount of Rs.81,12,547/- with accrued interest if any deposited in this Court, if not withdrawn earlier. Rule discharged. 12] In view of disposal of Writ Petition, Civil Application No. 6563/07 stands disposed of. [N.D.DESHPANDE] [NARESH H.PATIL] JUDGE JUDGE umg/wp2791-05