(-1-) MGN IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.2349 OF 2007 Shri Kabirwadi Mandir Trust & Anr..Petitioner Vs. Raghuvanshi Co-operative Bank Ltd. & Ors. ...Respondent Mr. A.C.Singh i/b. Mr. Anil D.Yadav, for the Petitioner. Mr. K.J. Hakani, for respondent Nos. 1 and 4. Ms. Jhaveri i/b. K. Ashar & Co., for respondent No.2. Ms. M.M. Jadhav, AGP for Respondent No.5. CORAM: F.I. CORAM: F.I. CORAM: F.I. REBELLO REBELLO REBELLO & A.A.KUMBHAKONI,JJ. A.A.KUMBHAKONI,JJ. A.A.KUMBHAKONI,JJ. DATED: 17th October, 2008 DATED: 17th October, 2008 DATED: 17th October, 2008 P.C.: P.C.: P.C.: . Rule. Heard forthwith. 2. Petitioners are the owners of a premises which was given on leave and licence to the Raghuvanshi Co-operative Bank Ltd., now in Liquidation. By the present petition the petitioners pray that they be given possession of the suit property from the custody of Respondent No.4 i.e. Liquidator. There is a further prayer that directions be issued to Respondent No.4 to pay all dues, license fees, service charges and arrears of municipal taxes. There are some other reliefs to which we need not advert to. (-2-) 3. A reply has been filed on behalf of Respondent No.4. In the affidavit it is set out that there is furniture in the premises of the book value of Rs.19,77,853.90 paise. There are some other averments which again we need not advert to. 4. On the last date of hearing we had called on learned Counsel appearing for the Liquidator to make a statement whether the Liquidator desires to continue the occupation of the premises. Learned Counsel on instructions makes a statement that they do not requirement the premises, but they may have to take permission of the Registrar to release the premises. 5. The parties were also asked to do inventory of the articles which are lying in the premises. Pursuant to that inventory has been done in the presence of the officers of the Official Liquidator and list of articles available has been handed over to us. The same is taken on record and marked as "OL-1". 6. In our opinion, considering the statement made by the learned Counsel for the Respondent No.4 and the inventory having already been done the present petition can be disposed of by issuing the (-3-) following directions:- (i) The Respondent No.4 to hand over possession of the premises on as is where is basis to the petitioners. The petitioners to accept the same. (ii) The petitioner, considering the statement made to accept the articles presently lying in the premsies at their book value. (iii) In respect of any other dues which may be due and payable it will be open to the petitioner to file their claim before the O.L. The O.L. to consider their claim along with all other claims which have been received by him according to law. (iv) The entire exercise to be completed within four weeks from today. (v) We make it clear that the book value of the furniture/articles will be adusted against the claim of the petitioner. (vi) Rule make absolute accordingly. (A.A.KUMBHAKONI, J.) (A.A.KUMBHAKONI, J.) (A.A.KUMBHAKONI, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.) (F.I.REBELLO, J.)