Bombay High Court
Jayant Keshav Itakikar vs Sanmitra Nagari Sahakari ... on 27 March, 2017
Bench: Ravi K. Deshpande
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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.
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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
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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.
