1 THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.3207 OF 2009 M/s. Jagdamba Provisions, Through it's Proprietor, Malati w/o Shrikantrao Deshmukh, Age: 60 years, Occ: Household., R/o. Ramkrishna Nagar, Parbhani. ... Petitioner Versus 1. The Manager, Vaishya Nagari Sahakari Bank.Ltd., Parbhani. 2. District Dy. Registrar, Co-operative Sanstha, Parbhani. 3. The Asstt. Registrar, Co-operative Sanstha, Parbhani. 4. The Joint Registrar, Co-operative Sanstha, Parbhani. ...Respondents ... Mrs. Renuka V. Ghule, Advocate for the petitioner. Mr. V.V. Bhavthankar,Advocate for respondent No.1. Mrs. S.S. Autade, A.G.P. for respondent Nos.2 to 4. ... 2 CORAM : K.K. TATED, J. DATE : 23rd JULY, 2009. PER COURT : 1. Rule. Rule made returnable forthwith. With the consent of learned Counsel for the parties, this petition is heard finally at the stage of admission. 2. Heard learned Counsel for the petitioner, learned Counsel for respondent No.1 and learned A.G.P. for respondent Nos. 2,3 and 4. 3. By this petition under Article 227 of the Constitution of India, the petitioner - original borrower is challenging the notice of public proclamation for auction dated 08-05-2009 issued by the Special Recovery Officer, Vaishya Nagari Sahakari Bank Ltd., Parbhani and the order dated 21-10-2009 passed by the Joint Registrar, Co- operative Societies, Aurangabad. 3 4. As far as the notice of public proclamation for auction dated 08-05-2009 is concerned, learned Counsel appearing on behalf of respondent No. 1 states that the higher bidder has already deposited a sum of Rs. 9,25,000/- with the bank. Not only that, this Court by order dated 25-06-2009 vacated the protection granted to the petitioner in respect of notice of public proclamation for auction. As per notice of public proclamation for auction, respondent No. 1 to recover a sum of Rs. 1,55,509/- on 30-04-2009. 5. Learned Counsel appearing on behalf of the petitioner states that the petitioner already preferred Revision Application under Section 154 of the Maharashtra Co-operative Societies Act, 1960, which came to be dismissed by order dated 21-10-2008 and thereafter, the petitioner preferred Application for Restoration and that is fixed for hearing on 05-08-2009. 6. In any case, as on today, as per calculations of 4 respondent No.1, a sum of Rs. 2,12,914/- is payable by the petitioner. As Revision Application is already preferred by the petitioner and is pending before the Competent Authority, I do not find any substance in the present Writ Petition and same is dismissed. Rule discharged. (K.K. TATED,J.) sut/JUL09/wp3207.09