1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE APPELLATE APPELLATE CIVIL CIVIL CIVIL JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.4653 OF 2005 NO.4653 OF 2005 NO.4653 OF 2005 Shri.Kumar Shridhar Harshey (Lt.Col)..Petitioner versus 1.The Business Coop Bank Ltd & ors..Respondents Mr.Ramesh Dube-Patil, Advocate i/b Ajay Misar & Co for Petitioner Mr.M.S.Karnik, Advocate for Respondent no.1 Mr.R.D.Soni, Advocate for Respondent nos. 2 to 5. CORAM CORAM CORAM : : : J.N.PATEL,J J.N.PATEL,J J.N.PATEL,J DATED DATED DATED : : : 25th July, 2006 25th July, 2006 25th July, 2006 ORAL ORAL ORAL ORDER : ORDER : ORDER : 1. Heard. 2. The petitioner challenges the execution proceedings initiated by the respondent-bank on the ground that the respondent-bank is executing the award contrary to the order passed by the Co-operative Court where it has been specifically 2 mentioned " While recovering the decretal amount from opponents, it should be first recovered from the borrowers by all measures and if not recovered then from guarantors. " 3. In so far as clause no.(4) of the order is concerned, there is no quarrel over the issue. The bone of contention is clause (5) of the order which is the Micro-Light AirCraft which has been admittedly hypothecated to the bank and the bank has proceeded to attach it and at this stage the petitioner-judgment debtor who is the guarantor in the case has approached this Court. This Court finds no merit in the contention of the petitioner. The respondent-bank can very well attach and dispose of by auction sale or whatever method which is permissible to them under the law the Micro-Light AirCraft which was hypothecated to them. Therefore, the petition stands dismissed. (J.N.Patel, (J.N.Patel, (J.N.Patel, J) J) J)