Search Results for "Rule 86F"

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Bombay High Court Dismisses Writ Petition Challenging Section 14 SARFAESI Proceedings Due to Availability of Alternative Remedy Under Section 17. Cooperative Bank's Recovery Action Upheld as Writ Not Maintainable When Statutory Remedy Exists.

The petitioners, Pimpri Chinchwad Sahakari Bank Maryadit and its Special Recovery Officer, filed a writ petition under Article 226 of the Constitution...

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Bombay High Court Allows Writ Petitions Challenging Recovery Proceedings Under Maharashtra Co-operative Societies Act, 1961 — Petitioners Not Given Opportunity of Hearing Before Attachment of Property. Failure to Provide Notice Under Section 101 of the Act Renders Recovery Proceedings Void.

The petitioners, Sonia Bhalchandra Godase and others, filed two writ petitions before the Bombay High Court challenging the recovery proceedings initi...

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Bombay High Court Dismisses Bank's Petition in Cooperative Dispute Over Fraudulent Loan Account. Cooperative Court has jurisdiction to entertain dispute despite recovery certificate under Section 101 of Maharashtra Cooperative Societies Act, 1960.

The case involves a dispute between Thane Bharat Sahakari Bank Ltd (Petitioner) and Amritlal Bava (Respondent No.1) regarding a loan account. Responde...

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Bombay High Court Allows Writ Petitions Challenging Recovery Certificates Under Section 101 of MCS Act for Lack of Proper Opportunity of Hearing. Sub Registrar's order recorded withdrawal of advocate but recovery certificate stated 'none present', indicating procedural violation.

The petitioners were members of respondent no. 3 society and had unpaid dues. Proceedings under section 101 of the Maharashtra Cooperative Societies A...

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Bombay High Court Quashes Recovery Certificate in Cooperative Loan Dispute for Lack of Reasoned Order. Rule 86F of Maharashtra Cooperative Societies Rules, 1961 Mandates Speaking Order Before Issuance of Certificate; Revisional Authority's Dismissal Without Considering Written Arguments Set Aside.

The petitioner, Balasaheb Dhondiram Nikam, a pensioner, challenged a recovery notice dated 25 July 2011 issued under Section 101 of the Maharashtra Co...