1 WRIT PETITION NO.: 3664 OF 2011 Dr. Subhash Namdeorao Sonawane and another Veversus The Maharashtra State Finance Corporation through its Regional Manager and another IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD APPELLATE SIDE, CIVIL JURISDICTION WRIT PETITION NO.: 3664 OF 2011 *** Dr. Subhash S/o Namdeorao Sonawane and another. ... PETITIONERS. Versus The Maharashtra State Finance Corporation, Nashik and another. ... RESPONDENTS *** Mr. Hemant Survey, Advocate for the Petitioners. Mr. S. R. Deshpande for Respondents. *** CORAM: D. B. BHOSALE AND S. B. DESHMUKH,JJ. DATED:- 9th JUNE, 2011. PER COURT: 1. Heard learned counsel for the parties. Learned counsel for the Petitioners does not press this writ petition and seeks liberty to the petitioners to either seek amendment of their Regular Civil Suit No.1 of 2001 or to file separate suit challenging the impugned notice dated 29th 2 WRIT PETITION NO.: 3664 OF 2011 Dr. Subhash Namdeorao Sonawane and another Veversus The Maharashtra State Finance Corporation through its Regional Manager and another April, 2011 and also to file application for interim relief. 2. In this writ petition, the petitioners have impugned the notice dated 29th April, 2011. This Court, in the vacations, on 18th May, 2011 granted interim relief in terms of prayer clauses (C) and (D) till 27th May, 2011. On 27th May, 2011 the interim order was continued till today. 3. Having considered the submission of learned counsel for the Petitioners, we are satisfied that this writ petition can be disposed of by following order. (i) Petition is disposed of as not pressed with liberty as prayed. If the petitioners make application for amendment of their Regular Civil Suit No.1 of 2001 or if they file fresh suit challenging the notice dated 29th April, 2011 and file an application for interim relief, same may be considered on merits in accordance with law and uninfluenced by the liberty given by this Court. It is made clear that we have not examined merits of the case. (ii) The interim order passed by this Court to 3 WRIT PETITION NO.: 3664 OF 2011 Dr. Subhash Namdeorao Sonawane and another Veversus The Maharashtra State Finance Corporation through its Regional Manager and another remain operative for a period of four weeks from today. (iii) All contentions of the parties are kept open. (iv) Petition is disposed of accordingly. [S. B. DESHMUKH, J.] [D. B. BHOSALE, J.] Dated:09/06/2011. ans/3664 4 WRIT PETITION NO.: 3664 OF 2011 Dr. Subhash Namdeorao Sonawane and another Veversus The Maharashtra State Finance Corporation through its Regional Manager and another WRIT PETITION NO.: OF 200 Date of decision: 9th JUNE, 2011. For approval and signature THE HONOURABLE SHRI JUSTICE D. B. BHOSALE THE HONOURABLE SHRI JUSTICE S. B. DESHMUKH. Whether Reporters of local papers ... Yes may be allowed to see the judgment? To be referred to the Reporter or not? ... No Whether Their Lordships wish to see ... No fair copy of the judgment? Whether this case involves a substantial... No question of law as to the interpretation of the Constitution of India, 1950, or any order made thereunder? Whether it is to be circulated to the ... No Civil Judges? Whether the case involves an important ... No question of law and whether a copy of the judgment should be sent to Nagpur, Goa and Bombay offices? [G. F. ANSARI] PRIVATE SECRETARY TO THE HONOURABLE JUDGE