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.