1 SD IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION NOTICE NOTICE NOTICE OF MOTION NO.2060 OF 2005 OF MOTION NO.2060 OF 2005 OF MOTION NO.2060 OF 2005 IN IN IN SUIT SUIT SUIT NO.1332 OF 2002 NO.1332 OF 2002 NO.1332 OF 2002 Jagruti Mayur Bhatt ...Plaintiff V/s. Mayur M. Bhatt & Anr. ...Defendants Mr.D.C. Shah, Advocate, for the Plaintiff. Mr.S.R. Bhalekar, Advocate, for Defendant No.2. CORAM CORAM CORAM : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. : A.V. NIRGUDE, J. DATED DATED DATED : 5TH SEPTEMBER, 2008. : 5TH SEPTEMBER, 2008. : 5TH SEPTEMBER, 2008. P.C. P.C. P.C. . The learned Counsel for the Defendants makes a statement that since the attached suit flat is in occupation and use of the Plaintiff herein, the Bank would take steps prescribed under Rule 107(11) of the Maharashtra Co-operative Societies Act, 1961 and shall not evict her forcibly. He further states that the letter dated 19th July, 2005 which is Annexure "A" to the affidavit-in-support of the Notice of Motion, stands withdrawn. 2. In view of this, Mr.Shah, the learned Counsel for the Plaintiff, states that his client would take objection to the attachment and sale of the suit property under Sub-Rule 19 of Rule 107 of the Maharashtra Co-operative Societies Rules, 1961. The Bank’s Advocate submitted that the objection would be decided on merits without taking into account the delay that has occurred so far. Mr.Shah stated that the objection would be taken within a period of four weeks from today. 4. In view of this, the Notice of Motion does not survive and the same is disposed of. [A.V. [A.V. [A.V. NIRGUDE, J.] NIRGUDE, J.] NIRGUDE, J.]