1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. WRIT PETITION NO.1247 OF 2006 (SMT. P. NIMMI DEORAJ Vs. SAINATH GRUHATARAN SAHAKARI SANSTHA & OTH.) _____________________________________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders. Court's or Judge's orders ______________________________________________________________________________________________ Shri R.D.Najbile, Advocate for Petitioner. Shri S.T.Dhurvey, Advocate for Respondents No.1 to 3. CORAM : A.M.KHANWILKAR & R.C.CHAVAN, JJ. DATED : MAY 05, 2008. 1. As requested by the learned counsel for the parties we are disposing of this petition without recording any reasons. For, both sides submit that it may affect the further enquiry to be resorted to by the respondent society, in terms of liberty given under this order. This petition is disposed of, on the following terms, by consent. 2. The recovery certificate as well as notice of auction, impugned in this petition, are set aside,on the following terms : 2 a) The petitioner shall deposit further sum of Rs.One Lac with the respondent within one month from today. An oral undertaking given by the petitioner, who appeared before the Court, is accepted. b) The respondent society will be free to pursue its remedy for recovery of further outstanding amount, if any, by following procedure prescribed by law afresh. Those proceedings will be decided on its own merits, in accordance with law, uninfluenced by the order passed in this petition. c) All questions in that behalf are left open. JUDGE JUDGE RR.