1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD WRIT PETITION NO. 179 OF 2009 The Recovery Officer, The Maharashtra State Co-operative Bank Ltd. & another .. PETITIONER VERSUS The State of Maharasthra & others .. RESPONDENTS Mr. R.N. Dhorde, Advocate for the petitioner. Mr. Deelip Bankar Patil, advocate holding for Mr. P.B. Salunke, Advocate for respondent no.3. Mr. V.H. Dighe, AGP for respondent nos. 1, 2 and 4. ===== CORAM : NARESH H. PATIL & K. K. TATED, JJ. DATE : 2nd AUGUST, 2010. PER COURT : 1 This petition filed by the Maharashtra State Co-operative Bank Limited is pending since 2009. After number of adjournments, 2 ultimately, statement was made by the learned AGP on 30 th July, 2010 that an amount of Rs.3,64,04,000/- was deposited in this court on the earlier date by cheque. The petitioner bank has advanced loan to the Aurangabad Spinning Mill. By an award dt. 30-12-2000 the co- operative court directed the opponent therein to pay jointly and severally sum of Rs. 68,93,404.89/- to the disputants i.e. the petitioner herein. The subject property was attached consequent to the execution of the award on 3-7-2007. Possession of the property was taken. Accordingly, publication to this effect was issued by the petitioner which appeared in the daily newspaper on 5-7-2007. Petitioners place reliance on State Government order issued on 8 th December, 2004 in which the responsibilities to pay dues of the petitioners were taken over by the State through the Schools, Education and Sports department. It is curious to note that the principal amount of Rs.68,93,404.00/- was advanced by the petitioner in the year 1991. 2 Learned counsel Shri Dhorde has placed on record calculations 3 signed by the officer of the bank wherein the interest from 1-8-1992 to 31-7-2010 at the rate of 19.5% per annum was calculated which comes to Rs.24210584.00/-. The principal amount and the interest clubbed together comes to Rs.31103988.00/- (Rs. Three Crores Eleven Lacs Three Thousand Nine Hundred and Eighty Eight only). Learned counsel Shri Dhorde on instructions submits that the amount which is deposited in this court be permitted to be withdrawn by the petitioner as the petition was filed basically for the said purpose. 3 We have heard learned counsel Shri Bankar Patil appearing for the liquidator and Shri Dighe, learned AGP for the State. 4 In the light of the material placed on record, replies filed, statement made on award passed by the court, the petition can be disposed of by allowing the petitioner to withdraw the amount as calculated by the petitioner. Learned AGP Shri Dighe submits that there needs to be a slight correction in the statement made by AGP which was recorded by this court on 30-7-2010. The amount which 4 respondent State deposited in this court is Rs.3,06,54,000/- only which was calculated on the basis of demand made by the petitioner on the relevant date. 5 Learned counsel Shri Dhorde, in the light of the submissions advanced by the State has taken instructions from the officer of the petitioner / bank and on instructions, the learned counsel submits that the bank would be satisfied if the amount deposited in this court to the tune of Rs.3,06,54,000/- is allowed to be withdrawn towards full and final settlement of the dues of the bank under the award. We accept the statement made by learned counsel Shri Dhorde. Officer of the bank Mr. P.K. Kalyan is present in the court to instruct learned counsel Shri Dhorde. 6 The registry of this court shall allow the petitioner to withdraw an amount of Rs.3,06,54,000/- deposited by the State. Petition stands disposed of. No sooner the petitioner receives the amount, the 5 consequent steps and action in accordance with law would follow in respect of attachment of property. ( K. K. TATED, J. ) ( NARESH H. PATIL, J. ) dyb/office/wp179.09.odt