1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.4860 OF 2009 M/s. Vision Communications, Flat No.6/A, Vrundavan Garden Apartment, Aurangabad, through its Prop. Girish Damodharrao Chapalgaonkar. ...PETITIONER. VERSUS 1) The State of Maharashtra, Through Secretary, Co-operation and Textile Department, Mantralaya, Mumbai, 2) Taluka Deputy Registrar, Co-operative Societies, Aurangabad. 3) Deogiri Nagari Sahakari Bank Ltd., Aurangabad, Arth Complex, Kesharsingpura, Adalat Road, Aurangabad, through its Manager, 4) Special Recovery Officer, Deogiri Nagari Sahakari Bank Ltd., Aurangabad, Arth Complex, Kesharsingpura, Adalat Road, Aurangabad. ...RESPONDENTS. .... Mr.R.T. Nagargoje Advocate for petitioner. Mr.Deelip Bankar Patil, A.G.P. for Respondent Nos.1 and 2. Mr.H.V. Tungar Advocate for Respondent Nos. 3 and 4. .... 2 CORAM: K.K. TATED, J. DATE: 27TH JULY, 2009. PER COURT: 1. Heard Mr. Nagargoje, learned counsel for the Petitioner, Mr. Patil, learned A.G.P. for Respondent Nos. 1 and 2 and Mr. Tungar, learned counsel for Respondent Nos. 3 and 4. 2. By the present Writ Petition under Article 227 of the Constitution of India, the Petitioner is challenging the auction notice dated 24th June, 2009 issued by Respondent Nos. 3 and 4 whereby auction of the property of the Petitioner as well as guarantor bearing Flat No.6-A, Ist Floor, Vrundavan Garden Apartment, Jyoti Nagar, Aurangabad, admeasuring 72.95 Sq. Mtrs. along with other properties kept on 29th July, 2009. 3. Learned counsel for Respondent Nos. 3 and 4 filed affidavit in reply of Respondent No.4, which is taken on record. 3 4. Learned counsel for the Petitioner tendered undertaking of Girish Damodharrao Chapalgaonkar, proprietor of M/s Vision Communications, duly notarized, stating that he is ready and willing to pay the entire outstanding loan amount under all three certificates issued under Section 101 of the Maharashtra Co-operative Societies Act, along with interest and expenditure up-to the date of deposit and closing of accounts, within three months from today. Approximate total till 31st June, 2009 comes to Rs.1 Crore 46 Lakhs. The undertaking given by the Petitioner is taken on record. 5. Learned counsel for Respondent Nos. 3 and 4, after taking instructions from his client who is present in the Court, states that the Respondents have no objection if three months time is granted to the Petitioner to pay the entire amount. 6. In view of the undertaking filed by the Petitioner, the Petition is disposed off on following terms and conditions:- 4 i) The undertaking given by the Petitioner in Para No.2 of his undertaking dated 27th July, 2009 is accepted. ii) The Petitioner undertakes to clear the entire amount as stated herein above, within three months from today. iii) Till the payment of entire amount, the Petitioner will not create any right, title and interest in respect of his immovable properties as described in auction notice as well as mortgaged property. iv) In case the Petitioner fails to clear entire amount within three months from today, the Respondent Nos. 3 and 4 will be free to auction the property of the Petitioner and guarantor for recovery of their dues at the cost of the Petitioner. 5 v) Auction notice issued by Respondent Nos. 3 and 4 dated 24th June, 2009 is quashed and set aside in view of the above mentioned facts and circumstances. vi) Writ Petition is disposed of accordingly with no order as to the costs. [K.K. TATED, J.] asb/JULY09/wp4860.09