LPAs 266/10, 268/10 & LPA (St) 28135/10 - 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD LETTERS PATENT APPEAL NO.266/2010 IN WRIT PETITION NO.7901/2010 Ashok Naranji Nagada. ...Appellant.. Versus Jalgaon Janta Sahakari Bank Ltd. And others. ...Respondents.. Shri A.V. Patil, Advocate h/f Shri V.D. Gunale, Advocate for appellant. Miss.S.V. Sijitha, Advocate h/f Shri A.N. Nagargoje, Advocate for respondent no.1. Respondent nos.1,2,6, & 12 served. Shri V.D. Hon, Advocate h/f Shri Abasaheb Shinde, Advocate for respondent no.4. Shri Sanket Kulkarni, Advocate for respondent nos.5 & 7. Smt.A.V. Gondhalekar, AGP for respondent nos.8 to 11. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= LETTERS PATENT APPEAL NO.268/2010 IN WRIT PETITION NO.2898/2010 Ashok Naranji Nagada. ...Appellant.. Versus Jalgaon Janta Sahakari Bank Ltd. And others. ...Respondents.. LPAs 266/10, 268/10 & LPA (St) 28135/10 - 2 - Shri A.V. Patil, Advocate h/f Shri V.D. Gunale, Advocate for appellant. Miss.S.V. Sijitha, Advocate h/f Shri A.N. Nagargoje, Advocate for respondent no.1. Respondent nos.1,2,6, & 12 served. Shri V.D. Hon, Advocate h/f Shri Abasaheb Shinde, Advocate for respondent no.4. Shri Sanket Kulkarni, Advocate for respondent nos.5 & 7. Smt.A.V. Gondhalekar, AGP for respondent nos.8 to 11. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= LETTERS PATENT APPEAL (St) NO.28135/2010 IN WRIT PETITION NO.8173/2010 Ashok Naranji Nagada. ...Appellant.. Versus Sau.Gitabai w/o Gopal Agrawal, and others. ...Respondents... Shri A.V. Patil, Advocate h/f Shri V.D. Gunale, Advocate for appellant. Respondent nos.1 & 3 served. Shri A.D. Shinde, Advocate for respondent no.2. Smt.A.V. Gondhalekar, AGP for respondent nos.4,6 & 7. Miss.S.V. Sijitha, Advocate h/f Shri A.N. Nagargoje, Advocate for respondent no.5. ..... CORAM: D.B. BHOSALE & M.T. JOSHI, JJ. DATE: 18.04.2011 PER COURT : 1] Heard learned counsel for the respective parties. LPAs 266/10, 268/10 & LPA (St) 28135/10 - 3 - 2] These three letters patent appeals are directed against the interim order dated 9.9.2010 passed by the learned Single Judge in three writ petitions viz. Writ Petitions Nos.7901/2010, 2898/2010 & 8173/2010. The operative portion of the order passed by the learned Single Judge reads thus: “8. Considering the nature of rival contentions, the following interim order would meet the ends of justice:- I. The Cooperative Credit Society shall deposit Rs.1,00,00,000/- (Rs.one Crore) in this Court within a period of four weeks. The Cooperative Credit Society, if will fail to deposit the amount within period of four weeks, first installment of Rs.70,00,000/- (Rs.seventy lakhs) within a period of two weeks and the second installment of Rs.30,00,000/- (Rs.thirty lakhs) within period of subsequent two weeks hereafter, may entail forfeiture of the right to recover as per the certificate issued under Section 101 of the Maharashtra Cooperative Societies Act and then automatically preferential right claimed by the Cooperative Credit Society will be deemed as abandoned. II. The Cooperative Credit Society shall repay the sale amount for which the sale was struck to the third party i.e. purchaser, the amount deposited by it. III. The borrowers i.e. petitioner-Geeta Agrawal and others shall hand LPAs 266/10, 268/10 & LPA (St) 28135/10 - 4 - over the house property in actual possession of the Cooperative Credit Society within period of one month and at any rate before 15th October, 2010. In case of failure of the borrower, to hand over the house property in possession of the Cooperative Credit Society, within above period, the Writ Petition 8173 of 2010 will be deemed as dismissed without any further reference to the Court. IV. The Cooperative Credit Society shall not create any third party interest and shall preserve the house property as it is though, it may be permitted to be temporarily used for its proper maintenance or may be allowed to be used by the staff members of the society or for allied purposes as may be required. V. The house property so mortgaged/hypothecated may be deemed to be with the Cooperative Credit Society only on adhoc basis without transfer of any right in favour of the Cooperative Credit Society or transfer of any title etc. It may be made available immediately if it is found by this Court that the Cooperative Bank has preferential right over and above the rights put forth by the Cooperative Credit Society and in such a case, it would be available for further sale in pursuance to the execution of the certificate obtained by the Cooperative Bank. VI. The rights of the auction purchaser i.e. third party will be determined at the stage of final hearing of both the writ petitions LPAs 266/10, 268/10 & LPA (St) 28135/10 - 5 - and he will be permitted to agitate all the legal questions and that his rights also will be taken care of and if the property is required to be handed over to the Cooperative Society, ultimately, then the third party i.e. the auction purchaser may request for revival of the rights alongwith the right to obtain possession. VII. If the conditions are complied with, the amount deposited in this Court by the Cooperative Credit Society, shall be invested in any Nationalised Bank in the joint names of the Cooperative Credit Society’s Chairman and the Registrar (Judicial) and shall be disbursed as per the final order passed in these writ petitions. 9. If the conditions are complied with, then all the three petitions be scheduled for final hearing on 21.10.2010.” 3] This order was stayed vide order dated 13.10.2010 passed on Civil Applications filed in these appeals. There is no dispute that by virtue of the stay order passed by the Division Bench dated 13.10.2010, the appellant was put in possession of the residential house, which he had purchased in auction held on 16.1.2009. Presently, the appellant is in possession of the residential house along with his family members. 4] The order dated 13.10.2010 of the Division Bench was challenged by respondent no.1 – Jalgaon Janta Sahakari Bank Ltd. in the Supreme Court by LPAs 266/10, 268/10 & LPA (St) 28135/10 - 6 - way of Special Leave Petition (Civil) No.34466/2010. The Supreme Court disposed of the SLP on 5.1.2011 by the following order: “ The Special Leave Petition is dismissed both on the grounds of delay as well as on merits. We request the High Court to expedite the hearing of the writ petition.” (emphasis supplied) 5] Having considered the order passed by the Supreme Court whereby hearing of the writ petitions has been expedited and considering that the appellant is in possession of the residential house purchased by him in auction, we are satisfied that these letters patent appeals can be conveniently disposed of by the following order. [I] The appellant is allowed to remain in possession of the residential house till disposal of the writ petitions. The appellant to file undertaking stating that he shall not create any third party rights in the residential house till disposal of the writ petitions, within a period of two weeks from today, with an advance copy thereof to the Advocates appearing for the respondents. [II] It is open to the parties to file appropriate application for seeking expeditious hearing of the writ petitions before the learned Single Judge. If any such LPAs 266/10, 268/10 & LPA (St) 28135/10 - 7 - application is filed, the same may be considered in the light of the order passed by the Supreme Court dated 5.1.2011 in the afore-mentioned SLP. [III] It is also open to the parties to file application for appropriate relief in the writ petitions, if they so desire, and if any such application is filed, the same shall be considered on merits. [IV] All contentions of the parties are kept open. With these observations, letters patent appeals are disposed of. In view of disposal of the appeals, all pending civil applications in these appeals are also disposed of. (M.T. JOSHI, J.) (D.B. BHOSALE, J.) ndk/c1841113