1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.5715 OF 2009 Smt. Saraswatibai w/o Sitaram Dhus, R/o-Deolali-Prawara, Tq-Rahuri, Dist-Ahmednagar. ...PETITIONER. VERSUS Deolali-Prawara Vividh Karyakari Seva Sahakari Society Ltd., Deolali-Prawara, Tq-Rahuri, Dist-Ahmednagar, Through it's Manager. ...RESPONDENT. ... Shri.S.S. Choudhari Advocate for Petitioner. Shri.A.V. Patil Advocate i/b. Shri.V.R. Dhorde Advocate for Respondent. ... CORAM: NARESH H. PATIL, J. DATE : 2ND JULY, 2010. PER COURT : 1. Heard learned counsel for the parties. 2 2. Shri. Choudhari, learned counsel for the Petitioner submits that in view of the order passed by the Co-operative Court, the Respondent Society did not properly calculate the loan amount, which has caused prejudice to the Petitioner. 3. Shri. Patil, learned counsel appearing for the Respondent submits that in accordance with the order passed by the Co-operative Court, the reconstituted loan amount was to be recovered from the Petitioner and accordingly the recovery proceedings were initiated. Along with the reply filed to this Petition, extracts of accounts are placed on record. The counsel therefore, submits that as the matter was already placed before the Executing Court, the Executing Court had rightly passed order rejecting the application of the Petitioner. 4. In the submissions of the counsel for the Respondent, the accounts have been furnished and 3 accordingly execution proceedings are initiated. The Executing Court recorded that the Judgment Debtor has already paid Rs.77,818=15 Paise. According to the Respondent, recovery is more than the said amount. In this view of the matter, it is observed that the accounts be placed before the Executing Court. The Petitioner is entitled to inspect the said account and thereafter the execution proceedings would proceed. In this view of the matter, I do not find it necessary to keep the Petition pending here when the execution proceedings are already pending before the Trial Court. The Writ Petition stands disposed of. [NARESH H. PATIL, J.] asb/JULY10/wp5715.09