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july 2017

Supreme Court of India · 2017-07-26

The Greater Bombay Cooperative Bank ... vs Mr. Nagaraj Ganeshmal Jain And Ors.

Citation / case number
AIR 2017 SUPREME COURT 3548
Court
Supreme Court of India
Petitioner
The Greater Bombay Cooperative Bank ...
Respondent
Mr. Nagaraj Ganeshmal Jain And Ors.
Author
Deepak Gupta
Bench
Madan B. Lokur, Prafulla C. Pant, Deepak Gupta

Judgment text excerpt

The Supreme Court overturned the Bombay High Court's decision, which had set aside the attachment order dated 14.12.2001 concerning flat No. 12, 5th Floor, New Shrinath Kunj, under the Maharashtra Cooperative Societies Act, 1960. The Court held that the attachment was valid as the respondent failed to prove ownership and possession of the property, and the prior owners did not disclose the attachment during their dealings with the Society. The Court emphasized the importance of transparency in cooperative society transactions and upheld the Bank's right to recover dues from the attached property.

The Greater Bombay Cooperative Bank ... vs Mr. Nagaraj Ganeshmal Jain And Ors. · Niyam