1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 2515 OF 2009 Natural Sugar and Allied Industries Limited, Having its registered office at Sainagar, Ranjani, Post Kallamb, Tq. Kallamb, Dist. Osmanabad Through its Assistant Finance Manager, Shri. Shahaji Atmaram Giram, Age 35 yrs., Occu. Service, R/o. Sainagar, Ranjani, Post Kallamb, Tq. Kallamb, Dist. Osmanabad. ....Petitioner. Versus 1. The Liquidator, Shri. Jagdamba Sahakari Sakhar Karkhana Limited at Rashin, Tq. Karjat, Dist. Ahmednagar. 2. M/s. Ghanshyam Enterprises, Through its Proprietor Arvind s/o. Chandulal Patel, Age 65 yrs., Occu. Business, R/o. 42, Janabai (Gaya) Building, 4th Floor, 109, Masjid Bandar Road, MUMBAI 400 003. ....Respondents. Shri. V.D. Hon, Advocate for petitioner. Shri. S.P. Deshmukh, Advocate for respondent No. 2. CORAM : R.K. DESHPANDE, J. DATE : 28th June 2010. 2 ORAL JUDGMENT : 1. This writ petition challenges the order dated 31st March 2009 passed by the learned Civil Judge, Senior Division, Shrigonda below Exhs. 6 and 8 in Special Darkhast No. 16/2008. It also challenges the order dated 16.4.2009 attaching the bank accounts of the petitioner company. 2. Notice was issued in this matter and Shri. S.P. Deshmukh, learned counsel appears for respondent No. 2. Although the respondent No. 1 is served, none appears for the respondent No. 1. Rule, made returnable forthwith. Service of notice upon respondent No. 1 after Rule is dispensed with being not necessary. Heard this matter finally by consent of parties. 3. Shri. Deshmukh, learned counsel appearing for respondent No. 2, who is decree holder, very fairly concedes to the situation that the order of attachment of the bank accounts of the petitioner company could not have been passed by the Tribunal. He further submits that the order dated 31.3.2009 would not bind the petitioner and it would not come in the way of the petitioner. 4. In view of above statement, no further discussion and adjudication is necessary. The instant writ petition is allowed. The order 3 dated 16.4.2009 passed by the Trial Court, attaching the bank accounts of the petitioner company is hereby quashed and set aside. It is also held that the order dated 31st March 2009 passed by the Trial Court below Exhs. 6 and 8 would not bind the present petitioner. It is made clear that the orders impugned are quashed only to the extent of petitioner. Rule is made absolute in the aforesaid terms. No orders as to costs. [ R.K. DESHPANDE, J. ] ssc/wp2515.09