1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD SECOND APPEAL NO. 60 OF 2010 Smt. Rukhmaben w/o Vithhal & others .. APPELLANTS VERSUS Maharashtra State Financial Corporation & others .. RESPONDENTS Mr. P.M. Shah, Senior Counsel instructed by Mr. S.P. Shah, Advocate for the appellants. Mr. P.K. Joshi, Advoate for the Respondents. ===== CORAM : R. M. BORDE, J. DATE : 15th FEBRUARY, 2010 PER COURT : 1 Suit presented by the plaintiffs / appellants herein has been dismissed by the trial court and the judgment and decree passed by the trial court has been upheld by the first appellate court while dealing with Regular Civil Appeal no. 27/2005 on 2-9-2008. 2 The suit was presented by the appellants / original plaintiffs raising exception to the notice issued under section 29 of the State Financial 2 Corporations Act, 1951 seeking recovery of dues from the plaintiffs. Learned counsel for respondent / financial institution states that the financial institution does not intend to proceed against the plaintiffs under section 29 of the State Financial corporations Act, 1951 in view of the order passed by the Adhoc District Judge – 1, Dhule dt. 27-6-08 in Civil Misc. Application no. 56/2001 thereby permitting the financial institution to claim recovery against the plaintiffs. Learned counsel for the respondents further states that the order passed in the year 2008 is put to execution and, in this view of the matter, they do not want to proceed further in pursuance to the notice issued by them under section 29 of the State Financial Corporation Act. 3 In view of the statement made by learned counsel for the respondent / State Financial Corporation, no interference is called for in this appeal. Appellants / original plaintiffs however, have liberty to raise appropriate challenge to the order passed against them under section 31 of the Act and, if such challenge is raised, the same shall be dealt with in accordance with the provisions of law. Plaintiffs / appellants herein would be entitled to agitate all the points before the appropriate forum permissible in accordance with law and any finding recorded in the instant proceeding will not be an impediment for consideration of such issues. In this view of the 3 matter, instant appeal stands dismissed. 4 In view of dismissal of the appeal, pending civil application, if any, stands disposed of. ( R. M. BORDE, J.) dyb/office/sa60.10.odt