1 wp1289.sxw ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.1289 OF 2010 G.M.Ansari ...Petitioner vs. The Assistant Registrar, Co-operative Societies & Ors. ...Respondents Mr.Sachin Dhakephalkar for the petitioner Ms R.S.Peerbhoy for the respondent Nos.2 and 3 CORAM :A.S.OKA,J. DATE :DECEMBER 3,2010 P.C.: 1 Civil application no.2644 of 2010 has been filed by the respondent nos.2 and 3 praying for vacating the interim order passed in the writ petition. The respondent nos.2 and 3 were not heard when the interim relief was granted as none appeared for them. The learned counsel for the respondent nos.2 and 3 on instructions states that the Special Recovery Officer is ready and willing to hear and decide the application dated 5 th January 2010 filed by the petitioner and in fact the said application has been fixed for hearing tomorrow. 2 As the respondent nos.2 and 3 have made a statement that the Special Recovery Officer is ready and willing to decide the application, the substantive prayer made in the petition which is prayer (a) gets worked out. The learned counsel for the petitioner states that there is every possibility that there will be a settlement between the main borrower and the second respondent-bank. 3 Hence, the petition need not be kept pending and the 2 wp1289.sxw same is disposed of by passing the following order : i) The statement of the learned counsel for second and third respondents that the third respondent will hear and decide the application at Exh.H is accepted. ii)For the purpose of facilitating the settlement, it is directed that the date for hearing of the said application shall be fixed after expiry of period of six weeks from today. If there is a settlement between the parties within a period of six weeks from today, it is obvious that there will be no occasion to hear the application. However, if within a period of six weeks from today, the parties do not arrive at settlement, the third respondent will fix a date for hearing of the application after giving an advance intimation to the petitioner. iii) The third respondent will proceed to decide the application as expeditiously as possible. iv)It is obvious that till the said application at Exh.H is finally decided, no further steps shall be taken in execution of the recovery certificate as against the petitioner. v) All contentions of the parties on merits are kept open. vi)Rule is partly made absolute in above terms. vii)Civil application no.2644 of 2010 does not survive and the same is disposed of. JUDGE