CAW.76, 78, 79-11 - 1 - VPH IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION No. 76 OF 2011 IN WRIT PETITION No. 279 OF 2011 AND CIVIL APPLICATION No. 78 OF 2011 IN WRIT PETITION No. 281 OF 2011 AND CIVIL APPLICATION No. 79 OF 2011 IN WRIT PETITION No. 283 OF 2011 Aparnaraj Cooperative Housing Society Ltd. ...Applicant Vs. State of Maharashtra & Anr. ...Respondents *** Mr. Rajesh Jain a/w Sandeep Dhangar i/b M/s. Legal Juris, for the Applicant. Ms. P. S. Cardozo, AGP for Respondent No.1. Mr. Milind Parab i/b Milind Parab & Associates, for Respondent No.2. *** CORAM: V. M. KANADE J. DATE : JANUARY 13, 2011 P.C. 1. Not on board. Upon mentioning, taken on board. 2. The applicant/petitioner is aggrieved by the order passed by CAW.76, 78, 79-11 - 2 - the 6th Jt. Civil Judge, S. D. Thane, who was pleased to issue a warrant of attachment of the petitioner’s Savings Bank Account. It is submitted that the impugned order is passed without giving notice to the applicant. It is further submitted that even the orders passed under S. 101 of the Cooperative Societies Act, does not take into consideration that the amount of Rs. 4 lakhs has been paid by the applicant to the respondent. It is submitted that as a result of the impugned order, the day-to-day activities of the Society have come to a grinding hault. In my view, it would be appropriate if the petitioner is directed to deposit Rs. 6 lakhs in this Court within a week, without prejudice to his rights and contentions raised in the petitions. In the mean time, there shall be an ad-interim relief in terms of prayer clauses (a) and (b). 3. The learned counsel appearing on behalf of respondent No.2 seeks time to file reply. The reply be filed within 2 weeks. The rejoinder thereto, if any, be filed within 1 week thereafter. Place all the writ petitions for final disposal at the stage of admission on 10th February, 2011. 4. Liberty is granted to the petitioner for withdrawal of the petition, if the parties arrived at the settlement. 5. It is clarified that the attachment order being set aside, the CAW.76, 78, 79-11 - 3 - bank will permit the petitioner to operate its account. In the event the petitioner fails to deposit amount of Rs. 6 lakhs within one week from today, the said ad-interim order shall stand vacated. The undertaking given by the counsel appearing for the petitioner upon the instructions of the Secretary of the Society, who is present in the Court, that petitioner will deposit Rs. 6 lakhs within one week, is accepted. [ V. M. KANADE J.]