1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL NO. 467 OF 2006 IN WRIT PETITION NO.2879 OF 2003 ... The City Cooperative Bank Ltd. ..Appellant v/s. M/s.Evergreen Motors & ors. ..Respondents ... Mr.K.V.Tembe for the Appellant. None for the Respondents. ... CORAM: D.K.DESHMUKH & V.R.KINGAONKAR,JJ DATED: 8th April, 2010 P.C.: 1. Relying on the judgment of the Full Bench of this Court, the learned single Judge of this Cour by order dated 5-1-2004 passed 2 in Writ Petition No.2879 of 2003 allowed that Writ Petition and set aside the recovery certificate issued in favour of the Respondent. That judgment of the Full Bench of this Court has been held to be not laying down good law by the judgment of the Supreme Court in the case of Greater Bombay Co.op.Bank Ltd. v/s. United Yarn Textile Pvt.Ltd. & ors., 2007(3) Mh.L.J.434. 2. In view of the judgment of the Supreme Court referred to above, the order passed by the learned single Judge impugned in the Appeal will have to be set aside. It is accordingly set aside and Writ Petition No.2879 of 2003 is dismissed. Appeal disposed of. (D.K.DESHMUKH, J.) (V.R.KINGAONKAR, J.)