1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION No.8582/2009 ________________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | ________________________________________________________ Heard counsel for the parties. The relief claimed in this petition is to set aside the notice before attachment and auction dated 10.12.2009 issued by the Special Recovery Officer and for direction against the respondents not to act upon the said notice. While issuing notice on this petition on 16.12.2009, interim relief in terms of prayer clause (D) has been granted. Prayer clause “D” reads thus: “Pending the hearing and final disposal of the Writ Petition, the execution, operation and implementation of the impugned notice before attachment and auction bearing 2 No.Path/40/25/5 dated 10.12.2009 issued by Special Recovery Officer, the Vaidyanath Urban Cooperative Bank Ltd., Head Office Parali Vaijnath,a District Beed may kindly be stayed.” Counsel appearing for the respondents has brought to our notice that against the order of recovery certificate, cross revision applications have been filed before the revisional authority, both by the petitioner as well as by the bank. Both these revisions are still pending for final decision. In the circumstances, we think it appropriate to dispose of this petition on the basis of stand taken by counsel for the bank that the interim arrangement in terms of prayer clause (D) of this petition, which is granted on 16.12.2009 may continue till the final decision on the two revision applications pending before the revisional authority. In so far as issue regarding correctness of the attachment notice, even that is left open with clear understanding that the said notice will not be acted upon by the respondent-bank till 3 the final decision on the revision applications. If the decision of the revisional authority is adverse to the petitioner before this Court, in that case, the interim arrangement ordered by this Court shall continue for a period of two further weeks from the date of the order to be passed by the revisional authority so as to enable the petitioner to carry the matter further if so advised. Petition is disposed of on the above terms. It is once again made clear that all questions are kept open. The revisional authority may dispose of the revision applications expeditiously and in any case not later than three months from today. The petitioner through counsel undertakes to extend full cooperation to the revisional authority for early disposal of the proceedings. (S.S. SHINDE, J) (A.M. KHANWILKAR,J) Dt/- 23.02.2010 ndk/c232109