- (1.) The Petitioner - Bargal Dilipkumar, aged 64 years, has fled the above Writ Petition against Respondent No. 1 - State of Maharashtra ; Respondent No. 2 -Tahsildar Government Dues Recovery Mumbai City ; Respondent No. 3 - District Collector, Mumbai City Government Dues Recovery Section ; Respondent No. 4 -Apex Urban Co-operative Bank of Maharashtra and Goa Limited and Respondent No. 5 - Joint Secretary (Coop) and Central Registrar, Department of Agriculture Co?operation of Farmers Welfare, Ministry of Agriculture and Farmers Welfare, New Delhi, inter alia seeking quashing and setting aside the impugned Notice dated 29thJanuary, 2021 issued by Respondent No. 2, in the circumstances set out hereinafter : 1.1. Respondent No. 4 - Apex Urban Cooperative Bank of Maharashtra and Goa Limited, is a Multistate Cooperative Society registered under the Multistate Co?operative Societies Act, 2020 ('the Act'). 1.2. The Petitioner was appointed as Manager (Legal) by the Managing Committee of Respondent No. 4 Bank. 1.3. The Respondent No. 4 Bank is admittedly the owner of six premises on the sixth for of the building known as 'Sharda Sadan' constructed on land being Plot No. 51 (part), 11, Sayyed Abdulla Brelvi Marg, Fort, Mumbai - 400 001. The said six premises approximately admeasure 699 sq.ft., 334 sq.ft., 404 sq.ft., 164 sq.ft. 174 sq.ft. and 454 sq.ft. (hereinafter referred to as 'the said Premises'). 1.4. The important bank records, documents, files and books of the Respondent No. 4 Bank were kept in the said Premises. The Petitioner being the then Manager (Legal) was incharge of and in occupation of the said Premises and was therefore allowed to occupy the said Premises. 1.5. In pursuance of the direction of the Hon'ble Supreme Court, the Reserve Bank of India ('RBI') cancelled the banking license issued to the Respondent No. 4 Bank vide Order dated 30th October, 2003. 1.6. In order to protect the interest of the stakeholders / shareholders of the Respondent No. 4 Bank, the Central Registrar of Coop. Societies, Government of India, restrained the then Board of Directors of the Respondent No. 4 Bank from taking any decision, or implementing any decision, adversely affecting the interest and business of the Society vide Order dated 31st August, 2005. 1.7. The Petitioner is admittedly 64 years old. According to the Respondent No. 4 Bank, the Petitioner is already retired from service of the Respondent No. 4 Bank upon attending the age of superannuation vide Letter / Order dated 9 th September, 2019. 1.8. Despite requests and notices, the Petitioner refused to handover the properties of the Respondent No. 4 Bank. In view thereof, the Respondent No. 4 through its Liquidator initiated proceedings as per the provision of Section 90 of the Act, for recovery of peaceful possession of the said Premises, recovery of compensation as well as other belongings of the Respondent No. 4 which the Petitioner has retained despite having retired from the service of the Respondent No. 4 Bank. 1.9. The said proceeding initiated under Section 90 of the Act, fled against the Petitioner were disposed of by Mr.Sanjeev Narhari Khadke, Liquidator of the Respondent No. 4 Bank (appointed under Section 89 of the Act). The operative Order dated 1st September, 2020 is reproduced hereunder : "1. In exercise of powers vested under Sections 89 and 90 of the Multi State Cooperative Societies Act, 2002 and Rules thereof, I, Sanjeev Narhari Khadke, Liquidator of The Apex Urban Cooperative Bank Ltd., (appointed by the Central Registrar of Coop. Societies, Government of India, Krishi Bhawan, New Delhi), order and direct the Respondent Mr. Bargal Dilipkumar, (Ex-Manager (Legal) to forthwith handover to the Applicant Bank the peaceful possession of the property - premises of the Bank, occupied by him, which is described in the Schedule of the notice dated 20th February, 2020 and which is annexed to this Order as Annexure - A which forms the parts of this Order.
(2.) Respondent Mr. Bargal Dilipkumar shall handover vacant and peaceful possession of the said properties - premises to the General Manager Shri Madhav B. Jambhekar, the authorized offer of the Applicant Bank by removing all his belongings, if any.
(3.) The authorized officer Shri Madhav B. Jambhekar shall take all the necessary steps to take the peaceful possession of the properties / premises from the Respondent by getting police aid if necessary.;