1 wp-6859-10 pdp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6859 OF 2010 Bebi Sambhaji Sherikar and ors. .. Petitioners Vs. The State of Maharashtra and ors. .. Respondents Mr. Umesh R. Mankapure for petitioners. Mr. Samir Patil, AGP for respondent nos.2 and 3. CORAM: B. H. MARLAPALLE & U. D. SALVI, JJ. OCTOBER 29, 2010. P.C. We have heard the learned counsel for the petitioners. The impugned communication dated 11/7/2009 addressed by the Liquidator of Lord Balaji Cooperative Bank Ltd. indicates that the petitioners’ father was granted loan on 27/9/1999 for business and, therefore, the exemption available on agriculture loan cannot be made applicable to the said loan obtained for business. Whereas, the petitioners have relied upon the agreement of hypothecation dated 20/9/1999 in support of their claim that 2 wp-6859-10 the loan was, in fact, obtained for agriculture. In any case, if the petitioners do not clear the loan amount or the balance due against the said loan amount, respondent no.1 will have to take out recovery proceedings. Hence, at this stage, this petition cannot be entertained and the petitioners may have their alternate remedy. Hence, the petition is rejected and without prejudice to the petitioners’ rights to take out other appropriate proceedings, if and when the occasion arise. (U.D. SALVI, J.) (B. H. MARLAPALLE, J.)