: 1 : USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO.825 OF 2009 IN WRIT PETITION NO.8076 OF 2007 Shetkari Sahakari Sangh Ltd. .. Applicant / Orig. Respondent V/s. Kolhapur District Central Co-op. Bank Ltd. & Ors. .. Opponents / Nos.1&2-Orig. Petitioners ..... Mr. Kumbhakoni, Sr. Counsel i/by Mr. L.M. Acharya for the Applicant Mr. S.S. Pradhan for the Respondents ..... CORAM : S.C. DHARMADHIKARI, J. DATE : 5th OCTOBER 2009. P.C. : 1. The only request made in the application on behalf of the applicants / original respondents is that pursuant to the order dated 19th December, 2009, the property mentioned therein has been auctioned and sold by the original petitioner Bank. However, despite the property being sold at consideration of Rs.27 crores and odd, the Authorized Officer of the original petitioner bank has paid a sum of Rs.18 crores and odd to the original petitioner bank. The bank has accepted this sum in full and final settlement of the claim of the : 2 : applicants / original respondents. 2. The grievance now raised is that balance sum out of the sale proceeds has not been handed over to the applicants. The bank s plea is that the original borrower / applicant before me had not pointed out that the property was subjected to the provisions of Urban Land (Ceiling and Regulations) Act, 1976. In the light of this development, the Government has directed the original petitioner bank to pay a sum of Rs.9 crores (balance sum of the sale proceeds) to the credit of the Government. The original petitioner has taken up the issue with the Government and has urged that the amount is not due and payable to the Government. However, the issue with the Government is still unresolved. 3. The grievance raised by Mr. Kumbhakoni, Senior Counsel is that some decision must be taken at the earliest at the end of the Government as also of the original petitioner or else the applicants / original respondents stand to loose a substantial sum of Rs.9 crores, which must be paid over to the applicant as the consideration of the property which is sold. The property belongs to the applicant and, therefore, he is entitled to the sale proceeds. : 3 : 4. Without expressing opinion on this controversy, in my view, the Civil Application can be disposed off with a direction to the original petitioner to take such steps as are permissible in law with regard to the balance sum of Rs.9 crores but it should endeavor and complete the proceedings in that behalf within a period of 2 months from the date of receipt of copy of this order. All contentions of both sides in respect of the controversy stated to be pending with the Government are kept open. (S.C. DHARMADHIKARI, J.)