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july 2017

Supreme Court of India · 2017-07-26

THE GREATER BOMBAY COOPERATIVE BANK LIMITED vs MR. NAGARAJ GANESHMAL JAIN AND ORS.

Citation / case number
SC 2014/27535
Court
Supreme Court of India
Petitioner
THE GREATER BOMBAY COOPERATIVE BANK LIMITED
Respondent
MR. NAGARAJ GANESHMAL JAIN AND ORS.
Author
HON'BLE MR. JUSTICE DEEPAK GUPTA
Bench
HON'BLE MR. JUSTICE MADAN B. LOKUR, HON'BLE MR. JUSTICE PRAFULLA C. PANT, HON'BLE MR. JUSTICE 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, 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 of the property and did not disclose the attachment during the application for membership in the Society. The Court emphasized that the principles of natural justice were upheld, and the attachment order was reinstated.

THE GREATER BOMBAY COOPERATIVE BANK LIMITED vs MR. NAGARAJ GANESHMAL JAIN AND ORS. · Niyam