1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.439 OF 2009 ... Colonel R.D.Nikam Sainik Sahakari Bank Ltd. ...Petitioner v/s. The Collector and the District Magistrate ...Respondent ... Mr.Amit B. Borkar for the Petitioner. Mrs.M.P.Thakur, AGP for Respondent. ... CORAM: D.K.DESHMUKH, & K.K.TATED, JJ DATED:12 th November, 2009 P.C.: Rule. Returnable forthwith. Heard finally by consent of parties. 2. An application made by the Petitioner/Bank to the District Magistrate, Kolhapur has been rejected by order dated 2 11-8-2008 stating therein that the Supreme Court has stayed the order of Bombay High Court making the provisions of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 applicable to Co.operative Bank. The number of the petition or appeal in which the Supreme Court has passed the order is not mentioned. The date of the order of the Supreme Court is also not mentioned. In our opinion, the District Magistrate was not justified in declining to entertain the application filed by the Petitioner in such a casual manner. The least that should have been done by the District Magistrate is to mention the number of the matter, the date of the order, the names of parties to the proceedings. In our opinion, in these circumstances following order would meet the ends of justice. 3 O R D E R 1.The order dated 11-8-2008 passed by the District Magistrate, Kolhapur is set aside. 2.The District Magistrate is directed to consider the application filed by the Petitioner in accordance with law and make order thereon in accordance with law. 3.Rule made absolute accordingly. No order as to costs. (D.K.DESHMUKH, J.) (K.K.TATED, J.)