-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION CIVIL CIVIL CIVIL APPLICATION APPLICATION APPLICATION NO.1412 OF 2008 NO.1412 OF 2008 NO.1412 OF 2008 IN IN IN WRIT WRIT WRIT PETITION PETITION PETITION NO.7903 OF 2007 NO.7903 OF 2007 NO.7903 OF 2007 Parasmal U. Picha ...Applicant v/s The Nashik Merchant Co-op. Bank Ltd., Nashik and ors. ...Respondents Mr Shivajirao A. Masal for Applicant. Mr C.R. Sonawane, AGP for Respondent No.3. CORAM : D.K. DESHMUKH AND R.Y. GANOO JJ. DATE : 23RD JUNE 2008. -2- P.C. :- 1. This civil application is filed for restoration of the writ petition which was dismissed for default. We have heard the learned counsel appearing for applicant - petitioner. In the petition, the petitioner challenges the notice issued for auctioning the property of the petitioner. The property of the petition is being auctioned because the petitioner had taken loan from respondent No.1 - Bank. Admittedly, recovery certificate was issued against the petitioner which is dated 28th January 1999. It is an admitted position that the petitioner has till this date not challenge that recovery certificate. In spite of this, we put it to the learned counsel for petitioner that an amount in excess of Rs.26,00,000/- is due, whether the petitioner is willing to deposit Rs.20,00,000/- in this Court. He has declined to do so. Admittedly, the loan is taken by the petitioner, recovery certificate is issued against him in the year 1999 and till this date he has not challenged it. In our opinion, the petitioner is not a litigant in whose favour extraordinary jurisdiction of this Court can be exercised. In this view of the matter, no useful purpose will be served by restoring the petition. Civil -3- application is rejected. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( R.Y. GANOO J.)