Bombay High Court

RAMESH SURESH BABAR AND ORSversusTHE STATE OF MAHARASHTRA THROUGH G P AND ORS

Decided: 9 March 2026
Disposal: Disposed Off
Bench: AMIT BORKAR

Holding

The petition is disposed and the interim application is held infructuous as the proper remedy is to raise an objection before the Special Recovery Officer under Rule 107(19) of the Maharashtra Cooperative Societies Rules, 1961.

Summary

The petitioners challenged three orders of attachment issued by a cooperative credit society, asserting ownership and borrowing rights over the property. The Court examined the procedural framework under Rule 107 of the Maharashtra Cooperative Societies Rules, 1961, which mandates that objections to such attachments be filed before the Special Recovery Officer under sub‑rule 19. It held that the petitioners must pursue that specific remedy rather than seeking direct relief from the High Court. Consequently, the writ petition was disposed of, leaving the petitioners free to raise their objection within the prescribed four‑week period. The interim application was deemed infructuous and also disposed of.

Issues considered

Whether the petitioners can directly challenge the attachment orders before the High Court
Whether the appropriate remedy is to raise an objection before the Special Recovery Officer under Rule 107(19) of the Maharashtra Cooperative Societies Rules, 1961

Legislation cited

Maharashtra Cooperative Societies Rules, 1961 — s. Rule 107, Sub‑rule 19

Subjects

attachment
cooperative credit society
Special Recovery Officer
Maharashtra Cooperative Societies Rules
interim application
writ petition
procedural remedy

Judgment

                                                                   3-wp3893-2022 with ia2119-2022.doc


                      AGK
                               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       CIVIL APPELLATE JURISDICTION

                                        WRIT PETITION NO.3893 OF 2022

                      Ramesh Suresh Babar & Ors.                    … Petitioners
                                 V/s.
ATUL                  The State of Maharashtra & Ors.               … Respondents
GANESH
KULKARNI
Digitally signed by
ATUL GANESH                                        WITH
KULKARNI
Date: 2026.03.09
14:42:41 +0530                      INTERIM APPLICATION NO.2119 OF 2022
                                                    IN
                                       WRIT PETITION NO.3893 OF 2022

                      Janheet Nagari Sahakari
                      Patsanstha Maryadit                           … Applicant
                            In the matter between
                      Ramesh Suresh Babar & Ors.                    … Petitioners
                                  V/s.
                      The State of Maharashtra & Ors.               … Respondents

                      Mr. Tushar Sonawane i/by Mr. Rupesh Zade for the
                      petitioners.
                      Mr. Shrivallabh S. Panchpor for respondent No.3 /
                      applicant in IA.
                      Mr. P.G. Sawant, AGP for the State.


                                                   CORAM      : AMIT BORKAR, J.

                                                   DATED      : MARCH 9, 2026
                      P.C.:

                      1.      The challenge in this writ petition arises out of three orders
                      of attachment initiated at the instance of cooperative credit society.
                      Petitioner Nos.1 and 2 are the owners of the property; whereas
                      petitioner Nos.3 and 4 are borrowers.




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                                           3-wp3893-2022 with ia2119-2022.doc


2.    Considering the scheme of Rule 107 of the Maharashtra
Cooperative Societies Rules, 1961, appropriate remedy for the
petitioners is to raise objection before the Special Recovery Officer
under sub-rule 19 of Rule 107 of the MCS Rules.

3.    Hence, keeping all questions raised by the alleged owners
open to be agitated before the Special Recovery Officer, present
writ petition stands disposed of.

4.    If such objection is raised by the petitioners, the Special
Recovery Officer shall decide the objection within four weeks from
the date of filing of such application.

5.    The interim application does not survive and the same stands
disposed of as infructuous.


                                             (AMIT BORKAR, J.)




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