srp. HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION No. 6887 of 2008 WRIT PETITION No. 6887 of 2008 WRIT PETITION No. 6887 of 2008 Mr. Uday Krishnarao Chudekar. ..Petitioner. Versus. The state of Maharashtra & Ors. ..Respondents. --- Mr. C. V. Golwala for the petitioner. Mr.Ravi Goenka i/b M/s. Goenka Law Associates for the respondent nos.2 & 3. Ms.Jyoti Pawar A.G.P.for the State for respondent no.1. CORAM: S. B. MHASE & CORAM: S. B. MHASE & CORAM: S. B. MHASE & D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. D.B.BHOSALE, JJ. DATE: FEBRUARY 6, 2009. DATE: FEBRUARY 6, 2009. DATE: FEBRUARY 6, 2009. P.C. P.C. P.C. 1. Heard. We find from the order dated 16th December 2008 that the property was put to auction for Rs.1,57,19,031.25 ps. The said amount was due as on 31st July 2008 from the petitioner-borrower to the respondent bank. It is to be noted that already there was dispute before the Co-operative Court which was decided and in the said dispute the award was passed and while executing that award possession of the property was taken by the Recovery Officer in 2001. When the property was put to auction the amount which was demanded by the bank has been deposited by the petitioner. Not only that the petitioner has deposited the excess amount, namely, he has deposited Rs. 1,61,50,000/-. Now the learned counsel for the bank is making the grievance that further payments of legal charges and surcharge be paid by the petitioner. The Bank is not entitled for such charges, because the property was put to the auction for an amount of Rs.1,57,19,031.25 which was the amount due from the petitioner as per the award. After the award it was not the Current Account and therefore after the adjudication by the Co-operative Court it was not a running account for which the bank can continue to charge the interest and other charges. We therefore direct that out of the amount deposited by the petitioner, i.e., out of Rs.1,61,50,000/- the bank shall appropriate its due amount only, i.e., Rs. 1,57,19,031.25 ps. The rest of the amount should be refunded to the petitioner. The possession of the property which was put to auction shall be handed over to the petitioner and the bank is directed to issue "no-dues certificate" to the petitioner. Petition is disposed of with these directions. 2. Learned counsel for the petitioner at this stage prays for the stay of this order. However, we are not inclined to grant stay. Prayer for stay is therefore rejected. (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.) (D.B.BHOSALE, J.) (S.B.MHASE, J.)