1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5030 OF 2009 Badesab s/o Kasimsab Tamboli, Age: 41 years, Occ: Business, Prop. of Tamboli Pan Material and Kirana Provision Stores, R/o.Ganjgolai, Latur, and others. .. Petitioners Versus Maharashtra Nagri Sahkari Bank Ltd., Latur, having its Principal Office at Karva Road,Latur Through Branch Manager, Karva Road Branch Latur, Dist. Latur & Ors. .. Respondents ... Mr. A.P. Bhandari, Advocate for petitioners. Mr. D.R. Kale, A.G.P. for Respondent-State. Mr. S.S. Deshmukh, Advocate for Resp.No.1 and 3. ... CORAM : K.K. TATED, J. DATE : 26TH AUGUST, 2009. PER COURT : 1. Rule. Rule made returnable forthwith. 2 Heard learned Counsel for the petitioners, learned A.G.P. for respondent No. 2 and learned Counsel for respondent No. 1 and 3. By consent, matter is taken up for final hearing at admission stage. 2. By this petition under Article 226 and 227 of the Constitution of India, the petitioner is challenging the recovery certificate dated 05-06-2009 issued by respondent No. 2 i.e. Assistant Registrar, Co-operative Societies, Latur for the sum of Rs.11,27,419/-. Learned Counsel appearing on behalf of the petitioners filed petitioner's undertaking dated 26-08-2009 stating that the petitioners are ready and willing to deposit the legitimate amount due by 30th March 2010. Learned Counsel appearing on behalf of respondent Nos. 1 and 3 have no objection for accepting the undertaking dated 26-08-2009 filed by the petitioners. By consent of the petitioners as well as respondent Nos. 1 and 3, Writ Petition is disposed of on the 3 following terms and conditions. (A) The undertaking filed by the petitioners dated 26-08-2009 is taken on record and marked as "X" for identification. The petitioner Badesab s/o Kasmsab Tamboli is present in the Court. His undertaking is accepted. The petitioners undertake to pay remaining legitimate amount due by 30th March 2010. (B) The petitioners are restrained from creating any third party right, title and interest over the property mortgaged without prior permission of the bank till repayment of the entire loan amount. (C) Shop No. 33 Ganjgolai, Latur is released from the attachment. 3. Writ Petition is disposed of accordingly. Rule made absolute on the above terms. 4 . Parties to act on authenticated copy of this order. [ K.K. TATED, J.] sut/AUG09/wp5030.09