:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 3575 OF 2007 The Janalaxmi Co-operative Bank Ltd ...Petitioners Versus Shri Prakash Madhukar Jadhav & Ors. ....Respondents Mr. Manoj Chalage i/by. Rameshwar N. Gite Adv. for the petitioners. G.S.Hegde Adv. for the respondents. CORAM: S.C.DHARMADHIKARI, J. 7th January, 2008. P.C. P.C. P.C. : : : 1. The grievance of the petitioner Co-operative Bank is that the Revision Application No. R-50 of 2006 has been allowed by the Divisional Joint Registrar, Co-operative Societies, Nashik in the bank’s absence. Consequently, the order attaching the salary of the :2: :2: :2: applicant/respondent no.3 before me stands quashed and set aside. 2. I have perused the order on the Revision Application and it states that the petitioner bank was absent despite notice. The learned Counsel appearing for the bank would urge that the bank was ready but did not have proper notice. It is not necessary to decide this aspect, inasmuch as, none dispute that the petitioner must have an opportunity to support the order of attachment. More so, when it is the case of the petitioner that although it proceeded against the principal borrower, the amount of loan is outstanding. 3. In my view, proper course would be to quash and set aside the order on the Revision Application dated 19.1.2007 (Exhibit-H) and restore the Revision Application to the file of the Divisional Joint Registrar, Co-operative Societies, Nashik. The Divisional Joint Registrar to hear and decide the Revision Application afresh and within a period of three months from today. Till the Revision Application is heard and disposed off, the petitioner bank will not :3: :3: :3: recover any amounts from Respondent no.3/applicant or attach his salary. However, it is clarified that the execution of the Award in question can proceed and all steps which are permissible in law against the principal borrower can be initiated by the petitioner bank. All contentions of both sides are expressly kept open. Petition disposed off. No order as to costs. ********