-1- IN IN IN THE THE THE HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE APPELLATE APPELLATE JURISDICTION JURISDICTION JURISDICTION WRIT WRIT WRIT PETITION PETITION PETITION NO.3391 OF 1996 NO.3391 OF 1996 NO.3391 OF 1996 Sarva Shramik Sangh ...Appellants v/s The State of Maharashtra and ors. ...Respondents Ms Seema Sarnaik for Appellants. Mr R.M. Patne, AGP for Respondent Nos.1 to 3. Mr G.M. Keluskar for Respondent No.5. CORAM : D.K. DESHMUKH AND V.M. KANADE JJ. DATE : 21ST JANUARY 2008. -2- P.C. :- 1. Rule, returnable forthwith. Heard finally by consent of the parties. the only relief claimed by the petitioners in this petition is that the respondent No.3 - Tahasildar, Miraj be directed to make recovery in terms of the recovery certificate issued by the Labour Court under section 33-C(2) of the Industrial Disputes Act against the respondent No.4. After having heard learned counsel for both the sides, in our opinion, following order is made in the interest of justice. 2. It appears that against the property of the respondent No.4 against whom recovery certificate has been issued, the respondent No.5 has some claim. The respondent No.5 shall lodge its objection before the respondent No.3 within a period of two weeks from today. After receiving the objection, the respondent No.3 shall proceed to execute the recovery certificate in accordance with law. If according to the Tahasildar, Miraj he is in a position to execute the certificate and recover the property, he shall proceed to do so and make the recovery. If the Tahasildar, Miraj finds that he is not in a position to make recovery, he shall make order to that effect assigning reasons therefor. It shall be -3- done by the Tahasildar, Miraj within a period of eight weeks from today. The order of the Tahasildar, Miraj shall be communicated to the respondent No.4. We have been pointed out that some amount is lying in deposit in this Court to the credit of writ petition No.3391 of 1996. It has been deposited by the Tahasildar, Miraj in this Court. That amount will continue to be held in this Court. The Tahasildar, Miraj shall make an order about the disposal of that amount after considering the objection raised by the respondent No.5 - Bank. The party who may be held entitled for the amount by the Tahasildar, Miraj shall be permitted by the Registrar General of this Court to withdraw the amount with accruals if any. Petition is disposed off. . Parties to act on the copy of this order duly authenticated by the Sheristedar / Private Secretary of the Court. . Certified copy expedited. ( D.K. DESHMUKH J.) ( V.M. KANADE J.)