C.A.No.637 of 2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.637 OF 2011 WITH CIVIL APPLICATION NO.11964 OF 2011 IN WRIT PETITION NO.9428 OF 2010 Nirmalkumar Rameshkumar Oil Industry, Pachora, District Jalgaon, through its Proprietor Shri Narayan Radheshyam Mor ..Applicant (Orig.Petitioner) Versus The Pachora Peoples Co-operative Bank Ltd., Pachora, District Jalgaon, through its Manager/Recovery Officer ..Respondent (Orig.Respondent) Mr Amol S.Sawant, Advocate for applicant Mr P.P.Chavan, Advocate for respondent CORAM : K.U. CHANDIWAL, J. DATE : 16th November 2011 PER COURT 1. Heard Mr Sawant and Mr Chavan for the respective parties. 2. The record illustrates, Writ Petition is admitted on 2.5.2011. Prior thereto, on 15.10.2010 the borrower – petitioner was directed by this Court to deposit an amount of Rs.5,00,000/- (Rs. Five lacs) within four weeks and interim relief in terms of prayer clause (D) of the writ petition was granted. Prayer clause (D) of the writ petition reads as under : C.A.No.637 of 2011 2 “ (D) Pending hearing and final disposal of this writ petition, the Honourable High Court may be pleased to pass an order and thereby restrained the respondent Bank from taking any coercive action against the petitioner in pursuance to the recovery certificate issued under Section 98 of the Maharashtra Co-operative Societies Act by the Co-operative Court, Jalgaon on 14.10.2008 and further be pleased to pass necessary orders for the said purpose.” 3. The grievance of Mr Sawant is, in spite of there being payment of Rs.5 lacs, the Bank authorities have attached the household articles. 4. This is not correct position, as the deposit by the borrower is pursuant to order dated 15.10.2010, while the orders of attachment, taking possession of the articles was dated 5.6.2010. Consequently, the petitioner/borrower cannot take benefit and shelter to treat as umbrella to the interim relief in terms of prayer clause (D) granted in Writ Petition No. 9428 of 2010. 5. Nevertheless, considering the nature of the articles seized by the Bank for recovering its amount and its valuation not exceeding beyond Rs.30,000/-, the goods are mostly perishable goods, daily household used goods/utensils, the Bank shall return the same to the petitioner on the petitioner directly depositing with the Bank an amount of Rs.30,000/- C.A.No.637 of 2011 3 (Rs. Thirty thousand). No sooner the petitioner deposit Rs.30,000/- within three days, thereafter the Bank will release the goods (list whereof is given at Exh.”B” in Civil Application No.11964 of 2011). 6. Both the applications allowed to the extent as above. ( K.U. CHANDIWAL, J. ) (vvr/637.11ca)