( 1 ) ca6990.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 6990 OF 2011 IN SECOND APPEAL NO. 547 OF 2005 M/s. Arvind Udhyog, Lohar Galli, Nanded .. Applicants and others. Versus Canara Bank .. Respondent Mr. A.H. Kasliwal, Advocate for applicant No. 3. Mr. P.M. Yelnoorkar, Advocate for the respondent. CORAM : A.V. NIRGUDE, J. DATED : 22.06.2011 P.C. :- 1. This Civil Application is moved after the Second Appeal No. 547 of 2005 was dismissed. Canara Bank – the respondent in this application was the appellant. During the pendency of the proceedings, certain order was passed in respected of hypothecated movable property. It was ordered that the hypothecated goods should be handed over to the Court Receiver and he was further permitted to dispose them of and deposit the amount with the respondent – Canara Bank. The hypothecated goods belonged to the applicants, who happen to be respondents in the appeal. The applicants now inform ( 2 ) ca6990.11 the Court that despite the interim order appointing Court Receiver, the goods were not sold as directed, but remained in godown. As per the order of the Court, the applicant kept on paying the godown charges. Even after dismissal of the appeal, the respondent-bank made no efforts to dispose of the goods or to seek further orders from the Court. A notice of this application was given to the respondent-Bank. 2. Shri Yelnoorkar, Advocate who appeared for the bank in the appeal is present before me and tells that after the dismissal of the appeal, he had sent a letter to respondent- bank, but in-vain. He said that the bank has not responded to his letter despite the knowledge that the appeal was dismissed. Even though the bank is served with the notice of the present application, no efforts are made to attend the case and to assist the Court in passing appropriate orders on the application. This means that the respondent-Bank is not interested in opposing the application. 3. In view of the discussions above, I am not inclined to grant prayer clause (C). Therefore, the following order ( 3 ) ca6990.11 is suffice to meet the ends of justice. i) The respondent-bank shall hand-over vacant and peaceful possession of the godown to the applicant within a period of four weeks from today. ii) Since the applicant does not claim custody of the case, the bank is entitled to forfeit the goods and dispose of the same as they wish, after the godown is returned. iii) The owner/applicant is not under obligation to pay godown charges. [A.V. NIRGUDE, J.] snk/2011/JUN11/ca6990.11