[-1-] IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL W.P.NO.3272 OF 2005 Bank of India ..Petitioner Vs. Chinmay Marketing Services and Ors. ..Respondents ... Mr.A.V.Anturkar i/b Mr.S.B.Deshmukh Advocate for Petitioner Mr.S.D.Paigude Adv.for Respondent Nos.1 to 5 ... CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. CORAM: SMT.V.K.TAHILRAMANI,J. DATE : JANUARY 21, 2008 DATE : JANUARY 21, 2008 DATE : JANUARY 21, 2008 P.C. P.C. P.C. 1. Heard the learned advocate for the petitioner and the learned advocate for the Respondent Nos.1 to 5. 2. According to the petitioner, respondent nos. 1 to 3 had taken loan from the Bank and respondent nos. 4 and 5 were guarantors. Respondent Nos.4 and 5 have filed application at Exhibit-75 stating therein that they be allowed to encash the Fixed Deposits standing on their names after deducting the loan amount taken by them in their personal capacity. The said application came to be allowed by order dated 12.1.2005. Being aggrieved by the said order, the present petition has been [-2-] preferred. 3. It is an admitted fact that no say was filed by the Bank in the said matter. However, the very first line of the order dated 12.1.2005 states that "Read the application and say". Admittedly, there was no say filed to Exhibit-75. In such case, there was no question of reading and taking into consideration the say filed by the Bank. Clearly the order has proceeded on a wrong footing. Hence, the order dated 12.1.2005 deserves to be set aside and is accordingly set aside. Application at Exhibit-75 shall be heard afresh after hearing the necessary parties. Looking to the fact that respondent nos.4 and 5 are over 71 years of age, said application to be decided and disposed of within four weeks from the date of communication of this order. Mr.Anturkar, the learned advocate for the petitioner states that he will communicate this order to the trial Court within one week from today. 4. Petition is disposed of accordingly. [SMT.V.K.TAHILRAMANI, J.]