1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION WRIT PETITION NO.4199 OF 2009 Pundalik Pandurang Jopale .. Petitioner Vs H.A. L. (N.D.) Employment Co. & Ors. Respondents -- WITH WRIT PETITION NO.4200 OF 2009 Sawliram Gopal Tidme. .. Petitioner Vs H.A. L. (N.D.) Employment Co. & Ors. Respondents -- WITH WRIT PETITION NO.4201 OF 2009 Devidas Digambar Purandare. .. Petitioner Vs H.A. L. (N.D.) Employment Co. & Ors. Respondents -- WITH WRIT PETITION NO.4202 OF 2009 Karbhari Tabaji Sangale. .. Petitioner Vs H.A. L. (N.D.) Employment Co. & Ors. Respondents -- WITH WRIT PETITION NO.4204 OF 2009 Chandrakant Sayajirao Shirsath. .. Petitioner Vs H.A. L. (N.D.) Employment Co. & Ors. Respondents -- WITH WRIT PETITION NO.9899 OF 2009 Sau. Mrunal Sunil Gite. .. Petitioner Vs H.A. L. (N.D.) Employment Co. & Ors. Respondents -- 2 Shri Tushar Sonawane for the Petitioners. Shri Y.R. Naik for Respondent No.1. Shri S.D. Rayrikar, AGP for the State. -- CORAM : A.S.OKA,J. DATE : 19TH JANUARY, 2010 P.C. . Heard learned counsel appearing for the Petitioners, learned counsel appearing for the 1st Respondent and the learned AGP for the State of Maharashtra. 2. The 1st Respondent has filed execution applications on the basis of a certificates issued by the District Deputy Registrar under Section 98 of the Maharashtra Co-operative Societies Act, 1960. The execution applications were filed in the Court of learned Civil Judge, Senior Division, Nashik at Nashik and applications were made in the said execution applications praying for an attachment of salary payable to the Petitioners in these Petitions. By orders dated 3rd October, 2006, the Executing Court ( Learned II Joint Civil Judge, Senior Division, Nashik ) attached the salaries of the Petitioners to the extent of 1/3rd. An objection was raised by the Petitioners in these Petitions to territorial jurisdiction of the Court of Civil Judge, Senior Division, Nashik, to entertain the execution application. By an order dated 9th April, 2008, the Executing Court upheld the said objection and directed that the execution application shall be transferred to the Learned Civil Judge, Senior Division at Niphad, which is having jurisdiction to entertain and try the said execution 3 application. The challenge in these Writ Petitions is to the orders of attachment passed on 3rd October, 2006. The submission of the learned counsel appearing for the Petitioners in these Petitions is that the order of attachment was passed by the Court having no jurisdiction to entertain the said execution applications. 3. I have heard the learned counsel appearing for the 1st Respondent. It is not in dispute that as far as issue of jurisdiction is concerned, the order dated 9th April, 2008 has attained finality in view of the judgment and order dated 20th March, 2009 passed by this Court in Writ Petition No. 5335 of 2008 filed by the 1st Respondent herein. Now the execution applications have been transferred to the Court of learned Civil Judge, Senior Division, Niphad. The orders of attachment passed on 3rd October, 2006 have been stayed by this Court by an order dated 26th June, 2009. The 1st Respondent can always apply to the Transferee Court for passing a fresh order of attachment in accordance with law. In the circumstances, the orders of attachment which are the subject matter of challenge in these Petitions, will have to be quashed and set aside only on the ground that the same have not been operative from 26th June, 2009 on account of ad-interim relief granted by this Court. It is not necessary to go into a wider controversy as to whether the orders of attachment passed by the Court having no territorial jurisdiction are valid or not. 4. Learned counsel appearing for the Petitioners states that there is a prayer for refund of the amounts which were attached. The learned 4 counsel appearing for the 1st Respondent states that the 1st Respondent will deposit the said amounts with the Court of Civil Judge, Senior Division, Niphad and the said Court may decide the issue of the entitlement of the 1st Respondent to receive the said amounts. 5. Hence, I pass the following order. (a) The orders of attachment which are subject matter of these Writ Petitions are quashed and set aside. (b) Notwithstanding this order, it will be for the 1st Respondent to apply to the Transferee Court for issuing a fresh order of attachment. (c) All contentions of the parties in that behalf are expressly kept open. (d) The 1st Respondent will deposit the amount attached on the basis of the impugned orders with the Court of Civil Judge, Senior Division, Niphad, within a period of six weeks from today. (e) The Executing Court will decide the issue regarding entitlement of the 1st Respondent to receive the said amount on the basis of a recovery certificate. 5 All contentions of the parties in that behalf are kept open. (f) The Writ Petitions are disposed of in above terms. JUDGE