IN IN IN THE COURT OF JUDICATURE AT BOMBAY THE COURT OF JUDICATURE AT BOMBAY THE COURT OF JUDICATURE AT BOMBAY ORIGINAL ORIGINAL ORIGINAL SIDE JURISDICTION SIDE JURISDICTION SIDE JURISDICTION WRIT WRIT WRIT PETITION (L) NO. 242 OF 2007 PETITION (L) NO. 242 OF 2007 PETITION (L) NO. 242 OF 2007 M/s.Aatish Dani Investment Services ...Petitioners vs. The State of Maharashtra and Ors. ...Respondents WRIT WRIT WRIT PETITION (L) NO. 243 OF 2007 PETITION (L) NO. 243 OF 2007 PETITION (L) NO. 243 OF 2007 Ritesh Narottamdas Dani and Ors. ...Petitioners vs. The State of Maharashtra and Ors. ...Respondents -------- Ms.N.P.Karnik for the petitioners. Mr.Pradeep Jadhav, AGP for respondent nos.1 and 2. CORAM: CORAM: CORAM: J.N.PATEL, J. J.N.PATEL, J. J.N.PATEL, J. And S.C.DHARMADHIKARI, S.C.DHARMADHIKARI, S.C.DHARMADHIKARI, J. J. J. DATE DATE DATE ; 8TH FEBRUARY, 2007. ; 8TH FEBRUARY, 2007. ; 8TH FEBRUARY, 2007. P.C :- 1. Mentioned. Not on Board. 2. The Learned Counsel for the petitioner to get the petition registered. 3. Both these petitions can be disposed off at the stage of admission itself as it involves a common issue as to whether the properties which are purported to be attached by the respondent is the exclusive property of the petitioner having no nexus with M/s.Expotrade against whom the Recovery Certificate is issued. The learned Counsel for the petitioner, submits that, petitioners have filed their objections to the purported recovery. The :2: :2: :2: Learned AGP states that the Recovery Officer would hear the petitioners on their objections and take a decision and thereafter proceed with the recovery proceedings. In case the Recovery Officer comes to the conclusion that the property can be attached and disposed off against the Recovery Certificate, the petitioner can very well resort to alternate remedy available to them under the MLR Code. Petition stands disposed off accordingly. SD/- (J.N.PATEL, J) SD/- (S.C.DHARMADHIKARI, J)