1 Bsb IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO. 1184 OF 2009 ALONG WITH CIVIL APPLICATION NO. 1471 OF 2009 M/s.Laxmi Agences ... Appellant v/s Laxmi Pumps Pvt. Ltd. ... Respondent Mr.I.M.Khairdi for the appellant. Mr.Amit Borkar for the respondent No.1. CORAM: SMT.NISHITA MHATRE, J. DATED: 20TH JANUARY, 2010 P.C.: 1. The appellant has approached this Court against the order dated 16.7.2008 by which the Court has granted the attachment before judgment under Order 38 Rule 5 of the Code of Civil Procedure. 2. The main contention of the learned advocate for the appellant is that while passing the impugned order the Court 2 has not considered the reply filed by the appellant to the application for attachment before judgment. He points out that the three properties mentioned in the application are - (1) land owned by the appellant’s wife, (2) the flat which is in his name and is mortgaged with the bank and (3) the vehicle which is hypothecated with the bank. In these circumstances, the learned advocate submits that the Court ought not to have passed the impugned order. 3. In my opinion, the appeal can be disposed of in the following terms:- In the event the mortgage of the flat which is mortgaged to Solapur Janata Sahakari Bank is redeemed or the vehicle is no longer under hypothecation, the appellant will inform the respondent in case the appellant wishes to sell these items. 4. The impugned order is accordingly set aside. 5. The appeal from order is disposed of. 6. In view of disposal of the appeal from order, the civil application stands dismissed. ..... 3