1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.1971 OF 2009 Jammu and Kashmir Bank Ltd. .. Petitioner. Vs. Anand Rao Pawar and Ors. .. Respondents. Mr.Prasad Das i/b Goenka Law Associates for the petitioner. Mr.Ashish Mehta i/b Mr.Daniel M.Arif for respondent nos.1 and 2. Mr.Mandar Soman for respondent nos.3 to 6. Mrs.A.S.Pai A.P.P. for the State. CORAM : D.B.BHOSALE & A.R.JOSHI, JJ. DATED : 26TH APRIL, 2010. P.C. Heard learned counsel for the parties. 2. This petition is directed against the order dated 31.3.2009 passed by the Chief Metropolitan Magistrate on application bearing C.C.No.58/N/2008 in 210/M/2007. The order dated 31.3.2009 read thus: “Heard both sides. Ld.Advocates of Bank submitted that no jurisdiction except to break opening lock in pursuance to order u/sec.14 of the Act. Ld.Advocate of objector pointed that statement is not given by the Bank. It is matter of simple mortgage and personal liability and not of physical possession. Hence, issue of legality is involved. Hence, execution of order u/sec.14 of the Act is stayed till deciding the application and adjourned.” 3. Having considered nature of the order we direct learned S 2 Chief Metropolitan Magistrate to decide the application bearing C.C. No.58/N/2008 as expeditiously as possible and preferably within a period of two weeks from the date of receipt of this order. The petitioner to produce a copy of this order within a period of one week from today. Counsel for the respondents submits that they will co-operate for disposal of the application as aforestated and shall not seek adjournment on any ground whatsoever. Learned Magistrate shall, accordingly, decide the application on merits in accordance with law. All contentions of the parties including the contention of the petitioner regarding jurisdiction are kept open. With these observations the writ petition is disposed of. (A.R.JOSHI,J.) (D.B.BHOSALE,J.)