{1} lpa16710.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD LETTERS PATENT APPEAL NO.167 OF 2010 The Pachora Peoples Co-operative Bank Ltd., Pachora, Dist.Jalgaon. Appellant Versus M/s Sunil Oil Industries (Partnership firm), High School Road, Pachora, Dist. Jalgaon. Respondent Mr. P.P.Chavan, advocate for the appellant. Mr. A.J.Sawant, advocate for the respondent. CORAM : D.B.BHOSALE AND R.M.BORDE, JJ. DATE : 10 th February, 2011 PER COURT: 1 Heard learned Counsel for the parties. 2 Learned Counsel for the appellant does not press this appeal and seeks liberty to the appellant-bank to file an application for appropriate relief in appropriate proceedings, seeking attachment / possession of the godown. 3 By order dated 30.04.2010, passed by the learned Single Judge, in Writ Petition No.1757 of 2010, the appellant-bank is directed to pay costs of Rs.10,000/- to the petitioner i.e. {2} lpa16710.odt Respondent in the present appeal. 4 Learned Counsel for the Respondent submits that they never asked for the costs, as imposed by the learned Single Judge and that he has no objection if that part of the order is modified. 5 In the circumstances, we are satisfied that the following order would meet the ends of justice. A) The appeal is disposed of as not pressed with liberty, as prayed. B) The direction to pay costs, in the order dated 30.04.2010, passed in Writ Petition No. 1757 of 2010, to the petitioner i.e. Respondent in the present appeal, is set aside. The order of the learned Single Judge stands modified only to that extent. The remaining part of the order remains unaltered. C) Civil Application is also disposed of. R.M.BORDE D.B.BHOSALE JUDGE JUDGE adb/lpa16710