1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. WRIT PETITION NO. 1158 OF 2007. M/s G.R.Sakhala ... Petitioner. Versus Shriramkrishna Urban Sahakari Credit Society Ltd.,Ahmednagar and others ... Respondents. ... Mr.V.S.Bedre, advocate for the petitioner. Mr.L.B.Palod, advocate for the Respondent No.1. Respondent Nos.2 and 3 served. Petition dismissed against Respondent No.4 vide Court's order dated 28.9.2007. ... CORAM : V.R.KINGAONKAR,J. Date : 23.06.2009. PER COURT 1. Heard. 2. The petitioner is debtor of the Respondent against whom award has been rendered by the Cooperative Court. The Executing Court 2 issued attachment warrant U/o XXI Rule 43 of the C.P.C. in Special Darkhast No.175/2002. It appears that the attachment of the moveable properties could not be effected and, therefore, as per application of the D.H., the warrant was directed to be reissued as per the impugned order dated 5.7.2006, rendered on application (Exh.24). 3. The initial order of attachment was not challenged by the J.D. The impugned order is only the order to reissue the warrant in 2006. The petitioner/J.D. has not demonstrated as to how the impugned order is against the provisions of Order XXI Rule 43 of the C.P.C. though his stand appear to be that of his bonafides have not been considered by the Executing Court. He is at liberty to show the bonafides during the execution proceedings. Still, however, the petition filed after about five (5) years of the initial order of attachment is not maintainable on account of delay and laches. 4. In the result, the petition is dismissed. Liberty to agitate all the points 3 before the Executing Court including the offer for one time settlement if it is so considered by the Respondent and for the purpose of concession to which the petitioner may be found eligible. The Executing Court may consider the request for reduction of the rate of interest if it is so permissible in view of Section 34 of the C.P.C. The petition is disposed of. (V.R.KINGAONKAR,J.) asp/office/wp115807