IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION. CIVIL APPELLATE JURISDICTION. CIVIL APPELLATE JURISDICTION. WRIT PETITION NO.7784 OF 2004 1. Ashok Dhansukhlal Solanki, and ors. .. Petitioners Vs 1. The Mogaveera Co-operative Bank Ltd and ors. .. Respondents Mr R.l.Majgaonkar, for the petitioners. Mr C.S.Karkera, for respondent no.1. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. CORAM : D.B.BHOSALE,J. DATE : 21th September, 2004. DATE : 21th September, 2004. DATE : 21th September, 2004. PC: PC: PC: 1. This petition is directed against the attachment notice dated 22.6.2004 passed by respondent no.2. 2. I heard the learned counsel for the parties for some time. 3. The petitioners have filed the Undertaking on record. A copy of the Undertaking is served on the other side. It is taken on record and marked "X" for identification. Mr.Karkera, learned counsel for the respondent-Bank, states that the Bank shall not auction the flat in pursuance of the impugned notice dated 22.6.2004 for a period of six months from today provided the petitioners deposit fifty percent of the total amount of the recoverable dues within eight weeks as stated in paragraph 1 of the Undertaking. Keeping in view the Undertaking and the submissions of the learned counsel for the parties, the writ petition stands disposed of by following order : (i) The Undertaking of the petitioners and the statement of the learned counsel for the respondent-Bank is accepted. (ii) If the petitioners fail to deposit the amount, as stated in paragraph no.1 of the Undertaking, it is open for the respondent-Bank to proceed to auction the flat. (iii) It is also open for the respondent-Bank to proceed against the petitioners if they fail to deposit the balance amount within four months as stated in paragraph 3 of the Undertaking. (iv) Attachment shall remain in operation till the total amount of recoverable dues is paid by the petitioners to the respondent-Bank. However, the petitioners are allowed to remain in possession of the flat subject to the conditions aforestated. (v) The petition is, accordingly, disposed of. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.)