1 IN THE HIGH COURT OF BOMBAY AT GOA. WRIT PETITION NO. 457 OF 2009. 1. Ms. Mariana Gauncar, aged about 52 years, D/o Late Damiao Gauncar, R/at H. No. 130-A, Arlem, Raia, Salcete, Goa. 2. Mrs. Louiza Gauncar, aged about 70 years, D/o Late Damiao Gauncar, R/at H. No. 125, Arlem, Raia, Salcete, Goa. 3. Mrs. Piedade Costa, aged about 75 years, D/o Late Damio Gauncar, R/at H. No. 87, Belloy, Nuvem, Salcete, Goa. 4. Mrs. Conceicao Gomes, aged about 55 years, D/o Late Damio Gauncar, R/at H. No. 680, Housing Board Colony, Gogol, Margao, Goa. 5. Mr. Diniz Gauncar, aged about 65 years, D/o late Damio Gauncar, R/at H. No. 130-A, Arlem, Raia, Goa. ... Petitioners. Versus 1. Central Bank of India, having its office at Mascarenhas Building, Antao de Noronha Road, 2 Panaji, Goa 403 001. By its Manager, 2. Mr. Antonio Gauncar, aged about 62 years, R/at H. No. 130-A, Arlem, Raia, Goa. 3. Mr. Joaquim Xavier Cruz, aged about 67 years, R/at H. No. 350, Ward No. 3, Tembim, Raia, Salcete, Goa. 4. Mrs. Taramati H. Borkar, aged about 82 years, R/at H.No. 836, Santemol, Raia, Goa. 5. Shri Rohidas H. Borkar, aged about 63 years, R/at H. No. 836, Santemol, Raia, Goa. 6. Smt. Nanda R. Borkar, aged about 54 years, R/at H.No. 836, Santemol, Raia, Goa. 7. Smt. Maria Philipinha D' Souza, aged about 54 years, W/o. Sri. Antonio D. Gauncar, R/at No. 130-A, Arlem, Raia, Goa. ... Respondents. Mrs. Pramila Nesargi, Senior Advocate with Mr. Thalmann P. Pereira, Advocate for Petitioner. Mr. N. N. Sardessai, Advocate for Respondent No. 1. 3 Coram: A. H. JOSHI. J. Date: 23rd September, 2009. ORDER 1. Rule. Rule is made returnable forthwith. Learned Advocate Mr. N. N. Sardessai waives service for Respondent No. 1. Fresh notice to remaining respondents is dispensed with as they are not contesting. 2. Petition is called out for hearing forthwith by consent, considering that limited question is involved. 3. In the midst of hearing learned senior advocate Mrs. Pramila Nesargi, appearing with advocate Mr. Thalmann Pereira restricts the prayers as follows: “Direction be given to the Recovery Officer exercising powers under the recovery of debts due to Banks and Financial Institution Act 1993 to decide the objection raised by petitioner through petition filed on or about 20.6.2009 objecting the attachment and sale of property bearing House No. 130-A situated at Arlem, village Raia, Taluka Salcete, Near Margao , South Goa, District, Survey No. 273/4, admeasuring 6,850 sq. meters by way of auction towards recovery of dues, dues arising 4 out of suit No. 52/1996 on the ground that the petitioner has share in the property put to the auction.” 4. Learned Senior Advocate for the petitioner states that the application filed before the Recovery Officer is not happily worded as regards prayers, and further states that the petitioner shall move the Recovery Officer praying leave to amend the prayer therein, within 15 days from today. 5. Learned Advocate for the Respondent No. 1 who is contesting, is not able to oppose the limited prayer in the light of the Judgment of the Hon'ble Supreme Court reported in (2004) 3 SCC 584 in Janki Vashdeo Bhojwani and anr. Vs. Indusind Bank Ltd. and ors. . 6. In the light of the limited prayer, and the settled law, the petition can be disposed of with a limited direction sought for. 7. In this back ground, rule is made absolute in terms of the restricted prayer quoted in para No. 3 herein above. In the result, the auction stands deferred till decision on the petitioner's objection to the attachment and sale is decided by the Recovery Officer, in the light of the judgment of Hon'ble Supreme Court, Supra. 8. It is hoped that the recovery officer will decide the objections as expeditiously as possible and in any case within 8 weeks from the date of receipt of writ of this Court. 5 9. Parties under take and are directed to cooperate early disposal. Parties shall bear own costs. A.H. JOSHI, J. MF/-