1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR Writ Petition No.3811/2010 The Bhandara Urban Co-op. Bank Ltd. Bhandara and another Vs. Rakesh Ramkrishna Gupta and another. Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Mr. A. M. Ghare, Advocate for the petitioners. Mr. Kaptan, Advocate for respondent no.1. CORAM: B.P.DHARMADHIKARI, J. DATE : 2nd SEPTEMBER 2010. 1] Heard. 2] Advocate Ghare has pointed out pursis filed vide Exhibit 22 in Regular civil Suit No.116/2010 was not within his notice when the petition is filed. 3] Mr. Kaptan has stated that application under Section 9-A of CPC is still pending. The respondent/plaintiff was called upon to show his bonafies by offering to pay some amount as token. But upon instructions, Advocate Kaptan has communicated to the Court respondent no.1 is not in a position to pay any amount. 4] Advocate Kaptan has stated that application under Section 9-A of CPC can be decided by the trial Court expeditiously. 5] Pursis (Ex. 22) of which copy is produced before this Court today shows that on 31.7.2010 the petitioners requested the trial Court to decide the application for temporary injunction under Order XXXIX Rules 1 and 2 of CPC first and accepted that 2 application under Section 9-A of CPC may be kept in abeyance till then. 6] The controversy shows that respondent no.1 had earlier filed Revision under Section 154 of Maharashtra Cooperative Societies Act and thereafter has filed present suit after rejection of interim relief therein. According to Advocate Kaptan he has instructions to state that only application for condonation of delay in filing revision has been filed and it is still under consideration. 7] As application under Section 9A of CPC filed before the trial Court and has not been decided and is still pending, In this situation, I find that it would be appropriate to direct the trial Court to decide that application as expeditiously as possible and in any case by 18th September, 2010. The parties are directed to appear before the trial Court in the said matter on 4th September, 2010 and to communicate this order to it. The trial Court shall act upon affidavit of the parties communicating the said order and shall not wait for certified copy. 8] If the petitioner is aggrieved by any order, including the impugned order under Exhibit 5, the petitioner is at liberty to challenge that order before the appropriate forum. 9] With these directions, all other contentions raised by respective counsel are kept open for consideration at appropriate stage. Writ petition is disposed of accordingly. No costs. JUDGE Ambulkar.