dik WP 10591.2011 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10591 OF 2011 M/s Pravin Arts A Proprietory Firm owned ... Petitioner vs Bhandari Co-operative Bank Ltd. & ors. ... Respondents Mr.Shriram Redij, for the Petitioner Mr.R.S. Ghadge, for respondent No. 1 Mr. R.M. Patne, AGP, for respondent No.3. CORAM: GIRISH S.GODBOLE, J DATED: 14th December,2011 P.C. Rule. 2. By consent rule made returnable forthwith. Mr. Ghadge waives service on behalf of respondent Nos.1 and 2. Mr. Patne waive service on behalf of respondent No.3. 3. Respondent No.2 has taken possession of movable and immovable property without auctioning the property. This is clearly illegal and contrary to the provisions of Rule 107 of the M.C.S. Rules 1961. Respondent Nos.1 & 2 agree to restore the possession and statement to that effect has been made by Mr. Ghadge on instructions from Mr. Tupe, officer of respondent No.1 bank who is present in court dik WP 10591.2011 today. However the attachment will continue. 4. So far as the various grievances of the petitioner about the attachment are concerned, the petitioner has already filed representation dated 25th November 2011. The petitioner is at liberty to file additional detailed representation within two weeks from today. Respondent No.2 shall thereafter hear the petitioner and pass appropriate orders. All the contentions of the parties are kept open. If the order to be passed by the respondent No.2 is adverse to the petitioner, the petitioner will have the remedy of filing revision application U/sec 154 of the M.C.S. Act 1960. 5. It is needless to state that, until the objection of the petitioner is decided; respondent No.1 bank will not take any steps for auction of the property. 6. Rule made partly absolute in the aforesaid terms with no costs. GIRISH S. GODBOLE, J.