Alhad Pandurang Hamine vs The Office Of The Recovery Officer And ...
2024 Latest Caselaw 14245 Bom

Bombay High Court

Alhad Pandurang Hamine vs The Office Of The Recovery Officer And ... on 6 May, 2024

Author: Amit Borkar

Bench: Amit Borkar

                                                                                    52-wp-4923-2024.doc


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

                                              WRIT PETITION NO.4923 OF 2024

                       Alhad Pandurang Hamine                         ... Petitioner
         Digitally
         signed by
         SHABNOOR
                                   V/s.
SHABNOOR AYUB
AYUB
PATHAN
         PATHAN
         Date:
         2024.05.06
         18:20:50
                       The Office of the Recovery Officer & Anr       ... Respondents
         +0530




                       Mr. Kersi Dastoor a/w Aziz Shaikh a/w Ms. Akshaya A.
                       Salvi a/w Mr. Milind D. Dhande, for Petitioner.
                       Mrs. V. S. Nimbalkar, AGP for State/Respondent No.1.
                       Mr. Charles D'Souza a/w Mr. Nikhil Rajani i/by M/s. V.
                       Deshpande & Company, for Respondent No.2.




                                                       CORAM    : AMIT BORKAR, J.

                                                       DATED    : MAY 6, 2024
                       P.C.:

1. Prima facie, it appears that the Supreme Court in the case of Ludovico Sagrado Goveia Vs. Cirila Rosa Maria Pinto & Ors., reported in (2016) 9 SCC 615 in paragraph 13 has observed as under:

"13. Thus it can be seen that Section 84 (4) and (5) of the new Act provide for a different scheme. Equally, Section 94 which provides for execution of certain decisions and orders made under the 2002 Act, mentions various Sections, but Section 84 is conspicuous by its absence. This is obviously for the reason that the entire proceedings have now to be conducted under the 1996 Act, including execution of the

52-wp-4923-2024.doc

arbitration Award made under the said Act. The question before the High Court was whether proceedings initiated under the old Act could continue under the said Act."

2. Subsequently, the Single Judge of this Court, in the case of Rajendra Baban Deshmukh and Anr. Vs. Recovery Officer, Abhyudaya Co-op. Bank Ltd. and Ors., reported in 2018 SCC OnLine Bom 1211, has taken a view that the Recovery Officer has power to execute an Award under Section 84 of the Multi-State Co-operative Societies Act, 2002.

3. Prima facie, it appears that the judgment of the Single Judge of this Court is per incuriam of the judgment of the Supreme Court in the case of Ludovico Sagrado Goveia (Supra). Hence, the petitioner has made out a case for grant of ad-interim relief. Hence, till the next date, there shall be ad-interim relief in terms of prayer clause (b).

4. To be listed on 18 June 2024.

(AMIT BORKAR, J.)