IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Civil Application no. 1020 of 2008 in Writ Petition No. 1539 of 2008 Rupee Coop.Bank Ltd. ..Applicant vs. Shri Shriram Narayan Shastri ..Respondent Shri Nitin P.Deshpande for applicant Shri G.S.Godbole for respondent. CORAM: S.C.DHARMADHIKARI CORAM: S.C.DHARMADHIKARI CORAM: S.C.DHARMADHIKARI J. J. J. 4th June 2008 4th June 2008 4th June 2008 P.C. P.C. P.C. 1. This civil application was placed before the regular Court but there is order of the regular Court directing that the same be placed before me as it seeks modification of my earlier order. 2. I have heard Shri Deshpande appearing for the petitioner and Shri Godbole appearing for the respondents. 3. Perused the civil application and annexures thereto. Shri Deshpande submits that once the writ petition is admitted, the amount as directed is deposited, then, there is no question of compliance with clause (3) of the operative order of the Cooperative Court dated 29th August, 2006. He submits that the dispute is partly decreed and that decree is upheld by the Appellate Court. However, the writ petition is admitted and if at this stage the Bank is directed to issue "No Dues Certificate" so also release the documents, the writ petition would be rendered infructuous. 4. On the other hand, it is contended on behalf of the respondents that the interim relief was not granted by this Court at the stage of admission of the petition because there was a statement made by the petitioner Bank. In such circumstances, and when the appeal is admitted, so also the judgment of the Trial Court being not set aside, there must be compliance with the above clause. 5. Alternatively and without prejudice, it is the respondents’ submission that if the Bank is directed to release the mortgaged property and complete the formalities of registration of the documents, the respondents would not insist upon "No Dues Certificate" being issued. 6. In my view clause (3) is a mandatory order to issue "No Dues Certificate" with respect to the loan account. Once the writ petition is admitted and the orders are under scrutiny of this Court, then, it would not be proper to direct issuance of "No Dues Certificate". In any event, the respondents would be protected if the Bank is directed to release the documents which are in their custody subject to the outcome of the writ petition and without prejudice to their rights and contentions therein. The Bank, however, would not be called upon to complete the formalities as directed in the clause under reference. 7. This order should be read in continuation with the order passed at the stage of admission of the writ petition. Civil Application stands disposed of in the above terms. No costs. 8. This order is passed because Shri Deshpande has made a specific statement that the Bank would withdraw the writ petition stamp no.8786 of 2008 filed to challenge the order below Exh.15 of the Executing Court. A limited stay of the order of the Executing Court is granted in the above terms. Therefore, even otherswise the said petition challenging the order of Executing Court does not survive. (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.) (S.C.DHARMADHIKARI J.)