vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7082 OF 2008 WRIT PETITION NO.7082 OF 2008 WRIT PETITION NO.7082 OF 2008 Ruby Nareshkumar Sharda ... Petitioner V/s. The Greater Bombay Co-op. Bank Ltd. & Ors. ... Respondents Mr.Vineet B. Naik for Petitioner Mr.H.R. Pawar for Respondent Nos.1 and 2 CORAM: SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, J MHATRE, J MHATRE, J. DATED: OCTOBER 22, 2008 OCTOBER 22, 2008 OCTOBER 22, 2008 P.C.: P.C.: P.C.: . The petitioner has contended by way of this petition that her revision application which she seeks to file against the attachment of her flat, consequent upon the issuance of a recovery certificate u/s 101, is not being accepted by respondent No.3. This is because Respondent No.3 is of the view that since the recovery certificate is being challenged, 50% of the recoverable amount must be deposited before entertaining the revision. 2. Mr.Naik, appearing for the petitioner, states that the petitioner does not desire to challenge the recovery certificate at all. He states that the petitioner has a limited challenge, that the attachment of her flat being Flat No.83/C, Rekha Building, Goodwill : 2 : Co-op. Housing Society Ltd., R.A. Kidwai Road, Wadala, Mumbai-400031 should be raised. She has been gifted the flat to and therefore, she is not bound by the recovery certificate which was issued after the gift deed. 3. The submission of Mr.Naik is accepted that the petitioner is not bound to deposit any amount as a condition precedent for her revision being heard. The Divisional Joint Registrar shall accept the revision application if filed by the petitioner within two weeks from today without insisting upon a deposit of any amount since the petitioner does not desire to challenge the recovery certificate at all. 4. It is made clear that all contentions of both the parties are left open to be decided by the Divisional Joint Registrar. If such revision application is filed, the Divisional Joint Registrar shall dispose it of within six weeks thereafter. 5. Respondent No.1 will not act further upon the notice of attachment till the revision is disposed of. The petitioner will not alienate the flat in any manner whatsoever during that period. 6. Writ petition is disposed of accordingly.