:1: :1: :1: FARAD CONTINUATION SHEET IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 261 OF 2008 -------------------------------------------------------------------------- Office Notes, Office Memoranda of Coram, appearances, Court’s orders Court’s or Judge’s or directions and Registrar’s Orders Orders -------------------------------------------------------------------------- Mr.S.S.Patwardhan, Adv. for the petitioners. Mr.Amit Borkar, Adv. for respondent no.1. Mr.S.S.Hardikar, Adv. for respondent no.2. CORAM: S.C.DHARMADHIKARI, J. DATED: 16TH FEBRUARY,2008. P.C. P.C. P.C. : : : 1. When this petition was placed before me and Mr.Patwardhan contended that the Respondent no.2/Bank is seeking to recover the dues of the petitioners also without taking recourse to law, his attention was invited to the Dispute Application and the averments in the Application for temporary injunction. 2. Mr.Hardikar, contended that in the Dispute :2: :2: :2: Application what was put in issue was that Respondent no.2 is recovering the dues of the deceased Father, by deducting the amounts which are due and payable to the petitioners, by the Sugar Factory. Infact, the Sugar Factory has been called upon to pay the amounts directly to the Respondent no.2. This is for the dues of the deceased Father. Mr.Hardikar, submits that there are no averments that insofar as independent dues of the petitioner is concerned, the Bank cannot take recourse to such deduction. 3. The Dispute Application was perused with the assistance of both sides, so also, the Application for interim injunction. In my view, when these were the averments in the Dispute Application, the argument of the petitioners that the order of the Appellate Court requires interference cannot be accepted. 4. After noticing this position, Mr.Patwardhan seeks liberty to file a fresh Application for :3: :3: :3: interim injunction in the pending dispute after amending the same and placing on record the necessary particulars with regard to the dues of the petitioner. Needless to state, that the petitioners are at liberty to adopt appropriate proceedings with regard to their dues either by amending the pending Dispute, or otherwise, and when that is done, they are at further liberty to seek interim and ad-interim protection. Granting such liberty, the present petition is disposed off. All contentions, insofar as, the dues of the present petitioner towards the Respondent no.2 are concerned, are kept open for being raised at an appropriate stage. Needless to state, that the Respondent no.2-Bank shall abide by the interim order and direction and not appropriate/adjust or recover any sums towards the dues of the deceased father of the petitioners. Petition disposed off. No costs. sd/- ********