1 lgc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.1210 OF 2010 IN WRIT PETITION NO.6253 OF 2006 The Sangli Disdtrict Central Co-operative Bank Ltd. : Applicant. Versus The Regional Divisional Director(Sugar) & Joint Registrar, Co-operative Societies Kolhapur and ors. : Respondents. Mr. Umesh Mankapure for the applicant. Mr. S R Nargolkar, GP, for Respondent Nos.1 to 3 Mr. Vaibhav Bagade i/by Shri A M Kulkarni for Respondent No.5 Mr. Amit Borkar for the Respondent No.6. CORAM : A. M. KHANWILKAR, R. M. SAVANT, JJ. DATED : 07th May 2010 P.C. : 1 Heard counsel for the parties. 2 The counsel for the Respondent No.6 prayed for time to file reply. It is not in dispute that the application has already been served on the Respondent with the application and the Respondents were aware that the application would proceed for hearing. 2 3 In any case, for answering the controversy in this application, no factual position is required to be dealt with. Inasmuch as, the admitted position is that the order of appointing liquidator under the provisions of Co-operative Societies Act as has been made is subject matter of challenge in Writ Petition No.6253 of 2006. 4 While entertaining the writ petition at admission stage on 30th October 2007, this Court granted interim relief directing the parties to maintain status quo with regard to the suit property. By this application, the applicant prays that the order of status quo be clarified to mean that the same will not come in the way of the applicant to pursue their statutory remedy under the provisions of the Secritization Act, which is not the subject of the matter of challenge in the writ petition at all. 5 We find merit in this submission. Accordingly this application is disposed by clarifying the order dated 30th October 2007 to the effect that the same will not come in the way of the applicant to pursue their statutory remedy under the provisions of Secritization Act, if so advised. 3 6 However, at the same time it is clarified that all defences available to the Respondents in the said proceedings will have to be examined on its own merits in accordance with law in the proposed action under the Securitization Act. 7 All those questions are left open to be considered at the appropriate stage. 8 This civil application is disposed of on the above terms. (R.M.SAVANT, J.) (A. M. KHANWILKAR, J.)