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Bombay High Court

KAVITA PRAKASH LAKAREversusSHRI BALASAHEB SATBHAI MERCHANTS CO-OPERATIVE BANK LTD KOPARGAON THROUGH LIQUIDATOR AND ANOTHER

Disposal
DISPOSED OFF

Holding

The writ petition is disposed of, with the petitioner directed to seek relief, if any, in the pending execution proceedings.

Summary

Kavita Prakash Lakare filed a writ petition challenging an attachment order issued by Shri Balasaheb Satbhai Merchants Co-operative Bank Ltd. The petitioner claimed that the land in dispute was transferred to her before the bank obtained an order under Section 88 of the Maharashtra Co-operative Societies Act, and that the attachment was motivated by her relationship with a former director. The bank contended that the transfer was a ploy to deprive the society and evade payment. The court held that any grievance against the attachment order must be raised in the pending execution proceedings, not through the writ petition. Consequently, the writ petition was disposed of, leaving the matter open for further relief in the execution proceedings.

Issues considered

  • Whether the transfer of land prior to an order under Section 88 of the Maharashtra Co-operative Societies Act renders the attachment order invalid.
  • Whether the petitioner can challenge the attachment order through a writ petition or must do so in the execution proceedings.

Legislation cited

Subjects

  • land transfer
  • attachment order
  • Section 88
  • cooperative societies
  • execution proceedings
  • writ petition

Judgment

2026:BHC-AUG:23791

                                                                        941-WP-13652-2017.doc




                          IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                     BENCH AT AURANGABAD
                               941 WRIT PETITION NO. 13652 OF 2017
                                     Kavita Prakash Lakare
                                            VERSUS
               Shri Balasaheb Satbhai Merchants Co-operative Bank Ltd Kopargaon
                                Through Liquidator And Another

                                              ...
          Mr. Umakant Deshmukh for the Petitioner.
          Mr. N. R. Bhavar for Respondent No.1.
          Mr. M. S. Shaikh for Respondent No.2.
                                              ...

                                             CORAM :     SIDDHESHWAR S. THOMBRE, J.
                                             DATE :      12 JUNE 2026

          P. C.:

          1.        Heard learned counsel for the respective parties.

          2.        Mr. Deshmukh, learned counsel for the Petitioner submits that before

          passing the order under Section 88 of the Maharashtra Co-operative

          Societies Act, 1960, the land was transferred in the name of the Petitioner

          and the attachment order was passed only because the Petitioner is the

          daughter-in-law of the erstwhile Director. He further submits that the

          substantial amount has already paid by the Petitioner. If is for the Petitioner

          to file all the record before the executing Court.

          3.        Per contra Mr. Bhavar, learned counsel for Respondent No.1 submits

          that in fact during the pendency of proceedings under Section 88, with an

          intention to deprive the society and get away to pay the amount, the transfer

          was effected.
          Shubham                                                                   Page 1 of 2
                                                           941-WP-13652-2017.doc


4.        Considering the above, now execution proceedings are pending. If the

Petitioner is aggrieved by the attachment order, the Petitioner is at liberty to

file application in the said execution proceedings. If such application is filed,

the Court to consider the same in accordance with law.

5.        In view of the above, the Writ Petition is disposed of. All points are

kept open.



                                         [SIDDHESHWAR S. THOMBRE, J.]




Shubham                                                                Page 2 of 2


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