1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1764 OF 2008 Kolhapur Dist. Central Coop. Bank Ltd. .. Petitioner Versus Pant Vastrodyog Sahakari Sanstha Maryadit .. Respondent Mr.S.S.Patwardhan for petitioner Mr.P.D.Dalvi for respondent CORAM : S.C.DHARMADHIKARI, J. DATE : 27th March 2008 P.C. . Heard Mr.Patwardhan for petitioner and Mr.Dalvi for respondent. After taking 2 instructions from the representative of respondent, he makes a statement that the respondents will withdraw case No.22 of 2008 pending before the Coop.Court No.1, Kolhapur on or before 4th April 2008. Statement accepted. 2. The order of the Judge, Coop.Court No.1 permitting the petitioner bank to take symbolic possession and not to take physical possession of the mortgaged property will continue in the peculiar facts of this case for a period of three months from today. This concession is granted because Mr.Dalvi again after taking instructions makes a statement that the respondent will pay off the entire amount to the petitioner bank within a period of three months from today. The petitioner bank has already taken symbolic possession. In default, the bank is at liberty to take physical possession and, thereafter, proceed in accordance with the Securitisation Act. Respondent has not initiated any other 3 proceedings and save and except this cooperative case, none are pending in any court or Tribunal. In the light of the statement made by Mr.Dalvi upon taking instructions and further considering that the respondent is awaiting funds after their proposal is cleared by National Cooperative Development Corporation, that this order is passed. Petition disposed of. No costs. (S.C.Dharmadhikari, J)