: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.2503 OF 2008 CIVIL APPLICATION NO.2503 OF 2008 CIVIL APPLICATION NO.2503 OF 2008 IN WRIT PETITION NO.6887 OF 2008 WRIT PETITION NO.6887 OF 2008 WRIT PETITION NO.6887 OF 2008 Mr.Uday Krishnarao Chudekar ...Applicant. V/s. The State of Maharashtra & Ors. ...Respondents. Mr.Ashok M. Saraogi & Chetan Golwala , advs. for the Applicant. Mr.Shailesh Shah , adv. for the Respondents. CORAM: Bilal Nazki CORAM: Bilal Nazki CORAM: Bilal Nazki & J.H.Bhatia,JJ J.H.Bhatia,JJ J.H.Bhatia,JJ. DATE : 20th October, 2008. DATE : 20th October, 2008. DATE : 20th October, 2008. P.C.: P.C.: P.C.: 1. Property of the petitioner has been auctioned as he has liability towards the bank. He disputed amount of liability and has filed this writ petition seeking accounts but today he is prepared to deposit Rs.1,61,50,000/-. We have heard the learned counsel for the parties. The highest bid was for Rs.1,61,50,000/- and the demand is only for Rs.1,57,19,031.25 paise which is disputed by the other side. However, this matter can be decided at the last stage but the fact remains that the property has fetched the value of Rs.1,61,50,000/- and the petitioner has moved application that he is prepared to deposit Rs.1,61,50,000/- so that the sale is not confirmed. This Court is Court of : 2 : equity and would not like to deprive him of his property if he is prepared to clear his dues. In view of this, sale shall not be confirmed. Applicant shall pay Rs.1,61,50,000/- within four weeks from today to the respondent no.2. However, if the applicant fails to deposit within prescribed time, the respondent no.2 shall be at liberty to confirm the sale. No application for extension of time will be entertained by this Court on behalf of the applicant for deposit of the amount. List the matter after five weeks. (Bilal Nazki, J.) (Bilal Nazki, J.) (Bilal Nazki, J.) (J.H.Bhatia, J.) (J.H.Bhatia, J.) (J.H.Bhatia, J.)