1 902 wp.6542.11 anr ndm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6542 OF 2011 WITH CIVIL APPLICATION NO. 1889 OF 2011 Green View Co-operative Housing Society Limited. ... Petitioner/ Versus Applicant Mahesh Narayan Patil and others. ... Respondents ----- Mr. R.D.Suryawanshi for the Petitioner/ Applicant. Mr. Omar Khaiyam Shaikh for Respondent Nos.1 and 2. Mr. S.D.Rayrikar, AGP for Respondent Nos.3 to 5. ----- CORAM : A.S.OKA, J. DATE : 13 th September, 2011. P.C. 1 Heard the learned counsel appearing for the Petitioner, the learned counsel appearing for Respondent Nos.1 and 2 as well as the leaned AGP for the Respondent Nos.3 to 5. 2 A statutory appeal preferred by the Petitioner is pending 2 902 wp.6542.11 anr before the Appellate Authority. Even the application for stay is pending before the Appellate Authority. The learned counsel appearing for the Petitioner states that the account of the Petitioner – Society with the District Central Co-operative Bank has been freezed and therefore, an application was made before the Appellate Authority on 30 th August, 2011 by the Petitioner to issue necessary directions for defreezing the bank account. 3 As substantive appeal is pending and the applications made by the Petitioner are pending, the petition need not be kept pending and the same is disposed of by passing the following order: i. The Appellate Authority is directed to decide the application filed by the Petitioner on 30 th August, 2011 for de-freezing of bank account within a period of two weeks from the date on which the authenticated copy of this order is produced before the Appellate Authority ; ii. The Appellate Authority shall decide the application for stay within a period of four weeks 3 902 wp.6542.11 anr from the date on which the authenticated copy of this order is produced before the Appellate Authority ; iii. For any reason, if the Appellate Authority is not available, compliance with the order of this Court shall be made by the concerned Secretary, who is authorized to hear the appeals ; iv. The ad-interim relief granted by this Court on 11 th August, 2011 will continue to operate till the disposal of the application for stay. If order passed on the application for stay is adverse to the Petitioner, the ad-interim relief will continue to operate for a period of two weeks from the date on which the order on stay application is communicated to the Petitioner ; v. All contentions of the parties on merits are kept open ; vi. Civil Application No.1889 of 2011 does not survive and the same is disposed of; and 4 902 wp.6542.11 anr vii. The Appellate Authority to act upon the authenticated copy of this order. [ A.S.OKA, J ]