1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3962/2011 (MOHD. HUSSAIN MULLA RAJABALI & OTHERS VERSUS THE AMRAVATI MERCHANT CO- OP. BANK LTD, AMRAVATI & OTHERS) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri P.S. Patil, counsel for the petitioners. Shri C.A. Babrekar, counsel for the respondent no.1. CORAM : SMT. VASANTI A. NAIK, J. DATE : OCTOBER 14 , 2011 . The learned counsel for the petitioners had made a statement on 23.08.2011 that the petitioners are ready to give up the challenge against the remand of the matter to the trial Court by the impugned order dated 30.06.2011 and in stead the petitioners may be granted some time to deposit 50% of the amount of Award in the trial Court. The learned counsel for the petitioners had in fact asked for three months time to deposit the amount in the trial Court on 23.08.2011. Shri Babrekar, the learned counsel for the respondent no.1, states that the petitioners should in any case deposit 50% of the amount in the trial Court on or before 30.11.2011. Though the Co-operative Appellate Court had directed the petitioners to deposit 50% of the amount within a period of four weeks, due to the financial difficulty of the petitioners and since the petitioners have given up the other challenges to the order dated 30.06.2011, the petitioners are 2 granted time till 30.11.2011 for depositing 50% of the amount of award in the trial Court. In case, 50% of the amount is not deposited on or before 30.11.2011 in the trial Court, the order of remand would automatically stand cancelled as observed in the impugned order dated 30.06.2011 and the appeal filed by the petitioners before the Cooperative Appellate Court would stand dismissed. The writ petition is disposed of in the aforesaid terms with no order as to costs. JUDGE APTE