IN THE HIGH COURT OF JUDICATURE OF BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2975 OF 2005 Mr. Shripad Narayan Muley.. Petitioner V/s Shri Narayan Organics Pvt. Ltd. Taloja and others .. Respondents Mrs. B. P. Jakhade, for the petitioners Mr. A. H. Palekar, AGP for Respondents 2 to 6 CORAM: V. C. DAGA, & MRS. MRIDULA BHATKAR, JJ. DATED: 19th March, 2009 P. C. Heard learned Counsel appearing for the petitioner. The petitioner is claiming payment of gratuity of Rs.2,35,794/- together with interest thereon. He submits that the property of the company against which the certificate of recovery is issued has been taken over by the Recovery Officer of the Debt Recovery Tribunal(DRT) and the properties are in the process of being disposed off for the recovery of outstanding dues of Banks. Learned AGP appearing for the respondents 2 to 6, submits that, though all efforts were made to recover the outstanding dues, the Tahsildar could recover substantial substantial part of the amount, however, balance of Rs. 35,000/- and odd could not be recovered for want of property with the company. He submits that -2- Tahsildar is ready to write letter to the Recovery Officer of DRT requesting him to transfer the surplus amount after satisfying the liability of the Bank, if any, so as to enable him to make the payment to the petitioner against the recovery certificate which the petitioner is holding. In view of this statement made, the learned counsel appearing for the petitioner is permitted to withdraw this petition keeping all the rival contentions open. Needless to mention that it would also be open for the petitioner to intervene in the execution proceedings which are pending on the file of the DRT, Mumbai. In the event of such intervention, the Recovery Officer, DRT is expected to consider the claim of the petitioner, in case any surplus is left with him. Petition accordingly stands disposed of in terms of this order. ( MRIDULA BHATKAR, J.) (V. C. DAGA, J.) jpc/-