1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH : NAGPUR CIVIL APPLICATION NO.648/2009 IN WRIT PETITION NO.3606 OF 2008 (Buldana Urban Credit Cooperative Society vs. State and others) ___________________________________________________________________ Office Notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's orders or directions and Registrar's orders. CORAM : D.D. SINHA AND P.B. VARALE, JJ. DATED : MARCH 20, 2009 Heard Shri Khapre, learned Counsel for the applicant/petitioner, Shri Jichkar, learned Assistant Government Pleader for the respondent no.1, Shri Samarth, learned Counsel for the respondent no.2, and Shri Bangde, learned Counsel for the respondent no.4. Civil Application No.648/2009 is moved by the applicant/petitioner for clarification of order dated 24.9.2008 passed by this Court in Writ Petition No. 3606/2008. Shri Khapre, learned Counsel for the applicant, states that order dated 24.9.2008 passed by this Court in Writ Petition No. 3606/2008 is restricted only to the issue pertaining to sugar bags and molasses and applicant is permitted to deal with the 2 same. However, in the writ petition, petitioner had raised other issues also. It is prayed that if this Court is not inclined to consider those issues in the present civil application, permission to file substantive writ petition in respect of those issues may kindly be granted. We have considered the contentions canvassed by the respective Counsel for the parties and perused the order dated 24.9.2008 passed by this Court. On perusal of the said order, it appears that grievance made by the petitioner was only in respect of action taken by the respondent no.2 under the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act to the extent of eligibility of the petitioner to deal with sugar bags and molasses. No other issue was canvassed before this Court at the time of hearing of the petition and, therefore, was not considered by this Court and hence, the order dated 24.9.2008 is limited to the above referred issue only canvassed by the petitioner before this Court. It is also brought to the notice of this Court that petition came to be disposed of on the basis of pursis filed by the respondent no.2. In these circumstances, no case is made out for showing indulgence in the present civil application. However, it is open for the 3 applicant to file a substantive petition in respect of issues, which were raised in the writ petition, but were neither canvassed before this Court nor covered by the order dated 24.9.2008 passed by this Court whereby Writ Petition No.3606/2008 came to be disposed of. With these observations, the civil application is disposed of. JUDGE JUDGE khj