1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH AT NAGPUR C.A.W. NO.2226/2009 IN WRIT PETITION NO. 2512/2009 [Madanlal RamdayalSharma ..vs.. The Distrit Deputy Registrar & 3 others] - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri U.M.Aurangabadkar, advocate for petitioner Smt. Sharda Wandile, AGP for respondent no.1 & 2 Shri S.A. Mohta, advocate for respondent no.3 CORAM : SMT. VASANTI A. NAIK, J. DATE : DECEMBER 9, 2009. By this application, the applicant seeks modification of the order dated 1..2009 in Writ Petition No. 2512/2009. It is brought to the notice of this court by Shri Aurangabadkar, the learned counsel for the applicant that the recovery certificate was issued on 8.8.2007 and the amount payable in terms of the recovery certificate was Rs.8,10,000/-. After the issuance of the recovery certificate, the applicant had paid the amount of Rs.2,32,000/- to the non applicant bank from time to time. It appears that the auction notice was issued on 16.6.2009 by the bank and at that time, the amount due and payable by the applicant was Rs.8,35,557/-. The applicant has deposited an amount of Rs.4,10,000/- in this court and also deposited an amount of Rs.17000/- with the respondent bank, thereafter. In such circumstances, the respondent bank should not 2 have asked the applicant to deposit 17% interest on 50% of the amount of recovery certificate. Applicant had already deposited an amount of Rs.2,32,000/- with the respondent bank after the recovery certificate was issued. In these circumstances, it would not be necessary for the applicant to pay 17% interest on the amount deposited in this court w.e.f. 20.8.2007 to 23.6.2009. The applicant has complied with the condition of making the deposit of 50% amount of the recovery certificate. The order dated 1.7.2009 is therefore necessary to be modified to the aforesaid extent. It is made clear that it is not necessary for the applicant now to deposit 17% interest on the amount of Rs.4,10,000/- deposited in this court. The order is modified to the aforesaid extent. Civil application is allowed in the aforesaid terms and is disposed of. JUDGE SMP