1 wp1672.10.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1672 OF 2010 Virendra Doshi (HUF) ...Petitioner. Vs. Vijaya Bank & Anr. ...Respondents. Mr. Dipen Merchant, Sr. Counsel with Mr. Deepak Thakkar i/by Mr. Kalpesh Parekh for the Petitioner. Mr. Sanjeev Punalekar i/by M/s. PRS Legal for Respondent No.2. Mr. Ramswaroop Gupta for Respondent No.4. CORAM : P.B.MAJMUDAR & ANOOP V. MOHTA, JJ. DATE : 21st September, 2010 P.C.:- During the course of hearing, the learned counsel appearing for the petitioner, without prejudice to his rights and contentions, submits that he is ready and willing to sell the goods in question. A suggestion is made that the goods can be sold in the presence of the Bank Officer and the sale amount can be deposited in the Tribunal. Prima facie, the submission appears to be attractive and the respondent bank has no objection if any purchaser is made available to purchase the goods, so that the amount can be deposited before the Tribunal. In our view, it would be appropriate if this exercise is carried out by the Appellate Tribunal. The petitioner to 2 wp1672.10.sxw ssm work out the selling of the goods and the Appellate Tribunal may consider the aspect about holding of auction in the presence of the officers of the bank and whatever the amount is fetched can be deposited in the Appellate Tribunal. The appellate Tribunal to consider the same after hearing both the parties and may take appropriate decision in this behalf. We accordingly direct the Appellate Tribunal to take the Miscellaneous Application for admission/ hearing within a period of two weeks from today and after hearing both the sides, may pass workable order in this behalf. 2 Subject to what is stated above, the Petition is disposed of. 3 Writ to be sent to the Appellate Tribunal forthwith. (ANOOP V. MOHTA, J.) (P.B. MAJMUDAR, J.)