1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1660 OF 2007 IN SUIT NO.3972 OF 2000 Bajaj Auto Finance Ltd. .... Plaintiffs. V/s Sundeep Polymers Pvt. Ltd. .... Defendants. And Deogiri Nagari Sahakari Bank Ltd. & Anr. ....Applicants. Mr. Pradeep J. Thorat for the applicants. Mr. R. Yadav i/b Dhru & Co. for plaintiffs Mr P.S. Gidwani for defendant. CORAM: V.M. KANADE, J. DATE : 30 th September, 2009 P.C.: 1. Counsel appearing on behalf of defendants has filed an affidavit in reply dated 29/9/2009. It is submitted that the present Chamber Summons has been filed by applicant – bank on the basis of three recovery certificates which were issued under section 101 of the Maharashtra Cooperative Societies Act 2 by Deputy Registrar appointed under the Maharashtra Co- operative Societies Act. He submitted that these recovery certificates were quashed and set aside by Joint Divisional Assistant Registrar in Revision Application filed by defendants. He submitted that this Chamber Summons which is filed by the applicant has become infructuous. Counsel for the applicant, however, submits Writ Petition which was filed by the Bank was dismissed by the High Court Bench at Aurangabad and against the said order applicant had preferred the Letters Patent Appeal which is still pending. 2. In my view, no purpose will be served in keeping this Chamber Summons pending for an indefinite period of time. 3. Chamber Summons is accordingly dismissed on the ground that it has become infructuous. Liberty, however, is granted to the applicant to file fresh Chamber Summons in the event LPA filed by the bank is allowed. 4. Chamber Summons is disposed of. (V.M. KANADE, J.) 3