IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1385 OF 2008 IN FIRST APPEAL NO.150 OF 2008 IN SPECIAL CIVIL SUIT NO.82 OF 2004 Shri Premji Mithu Bhanushali & Anr.)..Appellants Versus Janata Sahakari Bank Ltd., )..Respondents ---- Mr.R.V.Govilkar i/by M/s.S.V.Pikale & Co. for the appellants. Mr.Prashant Beri i/by M/s.Beri & Co. for the respondents. ---- Coram : R.S.Mohite,J Coram : R.S.Mohite,J Coram : R.S.Mohite,J Date : 25.04.2008. PC 1. This is an application for stay of the decree. By the decree, a sale deed executed by defendant no.1 in favour of defendant no.2 has been declared void. On this footing, defendants are directed not to alienate or create charge on the suit property. If stay of the decree is granted, that would be tantamount to final decree that may be passed in the matter. As far as prayer clause-(b) is concerned, one more prayer made in the Civil Application is for an injunction restraining the bank from recovering the arrears of the loan for the alleged dues of one Dinesh Premji Bhanushali. This Dinesh Premji : 2 : Bhanushali is the son of defendant no.1. Defendant no.1 was a guarantor in the said transaction and he has also jointly and severally liable to pay to the bank the dues of his son. The bank has obtained a certificate of dues under Section 101 of the Maharashtra Co-operative Societies Act. This Court cannot stay the execution of such a certificate. Any plea in this regard must be raised in the recovery proceedings. It is sought to be contended that the original defendant no.2 is left in a helpless position. This is not correct. He has right to recover damages from defendant no.1. He ought to have been careful in the first place. The evidence indicates that he has not taken the necessary and due care before entering into the transaction. The finding of the Court in this regard is however that the defendant no.1 alienated the property in order to avoid payment to the plaintiff-bank. In this view of the matter, prayer clause-(b) also in my view, cannot be granted. Civil Application stands rejected. (R.S.Mohite,J) (R.S.Mohite,J) (R.S.Mohite,J)