1 wp9679.10 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO. 9679 OF 2010 _____________________________________________________________________ Office Notes, Office | Memoranda of Coram, | appearances, Court's | Court’s or Judge’s orders orders or | directions and | Registrar's orders | _____________________________________________________________________ Mr. S.J. Salunke, Advocate for the petitioners. Mr. S.K. Tambe, A.G.P. for respondent no.1. Mr.R.S. Deshmukh, Advocate for respondent nos.2 and 3. CORAM : B.P. DHARMADHIKARI, J. DATE : 3rd MAY, 2011 This Court has asked the petitioners to deposit an amount of Rs. 30,000/- on 30th November, 2010 and accordingly that amount has been deposited. Interim relief protecting them from coercive recovery therefore continues to operate. One of the stand in Petition is petitioners should be given reasonable installment of Rs. 5,000/- per month to clear the loan liability. 2. Advocate Mr. Deshmukh appearing for respondent nos.2 and 3 Bank has pointed out that the certificate issued in the year 2008 has been subjected to challenge for the first time in 2009 and the statutory remedy has 2 wp9679.10 been bypassed. Learned A.G.P. also supports the arguments of Advocate Mr. Deshmukh. 3. In view of the relief for installments made by the petitioners, I find interest of justice can be satisfied by directing the petitioners to pay an amount of Rs. 50,000/- to respondent nos. 2 and 3 by 15th May, 2011 and make representation to them for grant of suitable installments. Respondent nos. 2 and 3 shall consider that representation and pass appropriate orders by 30th May, 2011. The petitioners shall be free to challenge those orders, if found adverse by them before the Competent Authority in accordance with Maharashtra Co-operative Societies Act, 1960. 4. If the amount of Rs. 50,000/- is not paid and the representation stipulated above is not made, the respondent nos. 2 and 3 shall be free to proceed further with recovery. The amount of Rs. 30,000/- deposited by the petitioners with the Registry of this Court with interest accrued upon it is allowed to be withdrawn by the respondent nos. 2 and 3. 5. With these directions, the Petition is disposed of. No costs. (B.P. DHARMADHIKARI) JUDGE gas/wp9679.10