:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 158 OF 2008 IN CIVIL APPLICATION NO. 2173 OF 2005 IN WRIT PETITION NO. 467 OF 2003 Maharashtra State Co-operative Land Development Bank Ltd. ..Applicant Vs. Mr. Nagnath Shankar Kadam ..Respondent Mr. S.S. Shah for applicant. Mr. M.A. Choudhari for respondent. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : January 23, 2008. Date : January 23, 2008. Date : January 23, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Shah the learned counsel for the applicant-Bank. Despite the undertaking of the applicant-Bank as noted in the order dated 26/10/2007 passed in Civil Application No. 2173 of 2005, the Bank could not issue a fresh cheque in the name of the respondent within the time limit of four weeks and this application has been made praying for extension :2: of time. Mr. Shah has placed before me the cheque for an amount of Rs.88,389/- drawn in favour of the respondent and it is dated 29/11/2007, whereas this application has been filed on 14/1/2008. Mr. Shah says that inadvertently the cheque remained in his custody all along. 2. The cheque has been handed over to the learned counsel for the respondent in the court and it is made clear that if for any reason the cheque is not encashed, the Manager of the applicant-Bank as well as the Recovery Officer and Chief Accountant shall be liable for appropriate criminal action. 3. Civil Application is disposed off. 4. If the cheque is encashed, the respondent to file an undertaking as was directed by this court vide the order dated 26/10/2007. (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)