IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR MISC. CIVIL APPLICATION (REST.) NO.855 OF 2009 IN WRIT PETITION NO.1113 OF 2009(D). (STATE BANK OF INDIA . ...VS... M/S. GANGA FERTILIZERS PVT. LTD. & OTH.) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Shri M.Anilkumar, Advocate for applicant. Shri Anup Dhore h/f. Shri De, Advocate for Respondent No.1. CORAM : A.H.JOSHI & A.R.JOSHI, JJ. DATED : DECEMBER 01, 2009. 1. Heard learned Advocate Shri M. Anilkumar for petitioner and learned Advocate Shri Dhore for respondent No.1. Respondents No.2 and 3 have failed to appear, though served. 2. Accepting the reasons assigned in the application, explaining failure of the applicant’s Advocate to appear when case was called out, the application is allowed. Writ Petition No.1113 of 2009 is restored to file. JUDGE JUDGE RR. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR WRIT PETITION NO.1113 OF 2009. (STATE BANK OF INDIA . ...VS... M/S. GANGA FERTILIZERS PVT. LTD. & OTH.) Office Notes, Office Memoranda of Coram, Appearances, Courts orders or directions Court’s or Judge’s orders and Registrar’s orders. Shri M.Anilkumar, Advocate for applicant. Shri Anup Dhore h/f. Shri De, Advocate for Respondent No.1. CORAM : A.H.JOSHI & A.R.JOSHI, JJ. DATED : DECEMBER 01, 2009. 1. This Court has noted that respondents No.2 and 3 have not appeared in the application for restoration. The writ petition can be disposed of without waiting to serve them afresh. 2. Learned Advocate Shri M. Anilkumar has placed on record a copy of intimation, served on respondents, about the present writ petition. 3. This Court finds that the property sought to be disposed is guarantors’ property and admittedly respondent No.3 has first charge. The right claimed by the petitioner is on account of attachment before judgment of the said property. When the property would be sold the amount would be appropriated towards dues of respondent No.3 and balance, if any, would go to the petitioner. In order to secure interest of the bank, this Court gives following directions :- a) After respondent No.2 identifies the buyer, offer price be informed to both the banks. b) In the event both the banks agree that the price offered by the buyer is fair, market value, they shall concede to the sale. c) After the agreement of sale is finalized and if the sale amount is more than the dues of respondent No.3, the buyer shall directly pay the amount to the respondent No.3, to the extent of its liability, and remaining amount to the petitioner by Demand Draft against execution of sale deed. 4. Writ petition is disposed of with above directions. JUDGE JUDGE RR.