..(1).. IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.2188 of 2006 Jineshwar Co-operative Credit Society Ltd. ...Petitioner. Versus Versus Versus The State of Maharashtra and Anr. ...Respondents. .... Mr.R.S.Ghadge, Adv. for Petitioner. Mr.S.R.Shinde, APP, for State. .... CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. CORAM : SMT.V.K.TAHILRAMANI,J. DATED : 22nd February, 2007. DATED : 22nd February, 2007. DATED : 22nd February, 2007. P.C.: 1. Heard learned Advocate for the petitioner-society and the learned APP for the State. 2. The petitioner which is a Co-operative Credit Society is seeking return of the property which is attached in F.I.R.No.272 of 2002 of Andheri Police Station. The said case has been now transferred to E.O.W. and is numbered as Case No.68 of 2002. In the said case some property came to be seized by the investigating agency. The said property is as under :- ..(2).. (i) Gala No.205-206, (adm.about 560 sq.ft.) situated at Kailash Esplanade, "A" Wing, 2nd floor, L.B.S. Marg, Ghatkopar (W), Mumbai-400 086. (ii) 5/B, Krishna Nivas, Pai Nagar, Rakodia Lane, Near Chamunda Circle, Gokul Hotel, Borivali (W), Mumbai-400 092. 3. The petitioner had preferred an application for return of the said property before the learned Sessions Judge. However, the said application came to be rejected. 4. The learned Advocate for the petitioner states that at present the prayer is restricted to only the first property i.e. (i) Gala No.205-206, (adm. about 560 sq.ft.) situated at Kailash Esplanade, "A" Wing, 2nd floor, L.B.S. Marg, Ghatkopar (W), Mumbai-400 086. 5. The learned Advocate for the petitioner seeks liberty to file a separate application in respect of the second property i.e. (ii) 5/B, Krishna Nivas, Pai Nagar, Rakodia Lane, Near Chamunda Circle, Gokul Hotel, Borivali (W), ..(3).. Mumbai-400 092, after annexing relevant documents. Liberty as prayed for is granted. 6. In this view of the matter, this Petition is being considered only in respect of first property i.e. (i) Gala No.205-206, (adm.about 560 sq. ft.) situated at Kailash Esplanade, "A" Wing, 2nd floor, L.B.S. Marg, Ghatkopar (W), Mumbai-400 086. 7. In respect of Gala No.205-206, respondent No.2-orig.accused has filed affidavit stating therein that he has no objection to handing over the said property to the petitioner. In view of this affidavit, the learned APP, on instructions, states that the first property may be returned to the petitioner-society on a condition that they shall not dispose of and/or sale and/or alienate and/or create any third party interest in any manner in the said property. The petitioner-society shall file an undertaking to the said effect before this Court within a period of two weeks from today. On the undertaking being furnished and the copy thereof being supplied to the Investigating Officer, the said property be returned to the petitioner. ..(4).. 8. Writ Petition is disposed of accordingly. (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.) (SMT.V.K.TAHILRAMANI,J.)