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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR
Writ Petition No.5579 of 2015
And
Writ Petition No.5580 of 2015
Writ Petition No.5579 of 2015
Jayant Keshav Itakikar,
Aged : 70 years,
Occupation : Retired,
R/o Hanuman Nagar,
Sudhir Colony, Akola,
Tah. & Distt. Akola. ... Petitioner
Versus
1. Sanmitra Nagari Sahakari Patsanstha
Maryadit, Akola,
through its Special Recovery Officer,
Having its office at : Gandhi Road,
Tah. & Distt. Akola.
2. Deputy Registrar,
Co-operative Societies,
Having office at : Gangadhar Plots,
Station Road, Akola.
3. Chitra Jayant Itakikar,
Aged : Adult,
Occupation -
R/o Vrindavan Nagar,
Tah. & Distt. Akola.
*4. Bisan Haribhau Sahare,
Aged : Adult,
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Occupation :
R/o Bye-pass, Akola.
(* Petition dismissed against
Respondent No.4 vide
Registrar (J) order dated 25-1-2017) ... Respondents
Writ Petition No.5580 of 2015
Jayant Keshav Itakikar,
Aged : 70 years,
Occupation : Retired,
R/o Hanuman Nagar,
Sudhir Colony, Akola,
Tah. & Distt. Akola. ... Petitioner
Versus
1. Sanmitra Nagari Sahakari Patsanstha
Maryadit, Akola,
through its Special Recovery Officer,
Having its office at : Gandhi Road,
Tah. & Distt. Akola.
2. Deputy Registrar,
Co-operative Societies,
Having office at : Gangadhar Plots,
Station Road, Akola.
3. Gajanan Ramkrishna Belurkar,
Aged : Adult,
Occupation :
R/o Sadanand Saw Mill,
Jawahar Nagar,
Akola,
Tah. & Distt. Akola.
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*4. Gajanan Motiram Chavan,
Aged : Adult,
Occupation :
R/o Geeta nagar, Bye-pass Road,
Tah. & Distt. Akola.
(* Petition dismissed against
Respondent No.4 vide
Registrar (J) order dated 25-1-2017)
... Respondents
In both the writ petitions :
Shri U.J. Deshpande, Advocate for Petitioner.
Shri J.B. Gandhi, Advocate for Respondent No.1.
Coram : R.K. Deshpande, J.
th Dated : 27 March, 2017 Oral Judgment :
1. Rule, made returnable forthwith. Heard finally by consent of the learned counsels appearing for the parties.
2. On 7-10-2015, this Court had passed an order as under :
" Shri Deshpande, the learned counsel appearing for the petitioner relies upon Para 35 of the decision of the Apex Court in the case of Radhey Shyam Gupta vrs.::: Uploaded on - 29/03/2017 ::: Downloaded on - 30/03/2017 00:55:11 ::: 4
wp5579.5580.15.odt Punjab National Bank and Another, reported in (2009) 1 SCC 376 and also on Section 11 of the Pension Act and Section 60(1) proviso (g) of the Code of Civil Procedure to urge that the pension cannot be attached.
Issue notice for final disposal of the matter returnable on 16.12.2015.
In the meantime, jthere shall be ad-interim relief in terms of prayer clause (ii)."
3. It is not in dispute that the petitioner in both these petitioners was the guarantor. However, the bank account, which is attached, as claimed, is in respect of the pension paid to the petitioner and deposited in the said account. In terms of the provision of Section 60(1) proviso (g) of the Code of Civil Procedure, the pension cannot be attached. The petitioner has made a representation to the District Deputy Registrar. The parties agree that the said representation shall be decided by the Special Recovery Officer in the light of the decision of the Apex Court, referred to above. The petitioner shall be at liberty to ::: Uploaded on - 29/03/2017 ::: Downloaded on - 30/03/2017 00:55:11 ::: 5 wp5579.5580.15.odt produce on record the evidence to show that the account attached in both these petitions is the pension account in which the pension is deposited. The Special Recovery Officer shall take the decision on this aspect within a period of one month from the date of production of evidence on record.
4. Both these writ petitions stand disposed of. No order as to costs.
JUDGE.
Lanjewar.
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