1 IN THE HIGH COURT OF JUDICATURE OF BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.11301 OF 2009 IN WRIT PETITION NO.451 OF 2009 Adarsh Mahila Nagari Sahakari Bank Ltd. and another ..APPLICANTS -VERSUS- M/s R.S. Trading Agencies and others ..RESPONDENTS ..... Mr. M.R. Challani, advocate for applicants. Mr. K.J. Ghute Patil, A.G.P. for State. Mr.V.D. Sapkal, advocate for respondent no.1. ..... CORAM : R.M.BORDE,J DATE : 27th August, 2010 PER COURT : 1. Heard respective counsel appearing for the parties. 2. In terms of order passed by this Court on 1st July, 2009, which was modified on 10th September, 2009, the respondent Bank was supposed to return goods belonging to the writ petitioners. On return of goods, petitioners in the Writ Petition were supposed to repay loan amount of Rs.35 Lacs and balance of 2 amount was required to be paid within two months thereafter. A grievance was made that the goods were not returned as per the directions contained in the order passed by this Court. It has been contended by the writ petitioners that they are yet to receive goods worth Rs.2,22,835/-, which were seized by the Bank. It further transpires that the goods probably are not available for being returned to the borrowers. The ends of justice would be met, if borrowers/writ petitioners are permitted to repay the balance amount recoverable by Bank excluding the amount of value of goods which are yet to be returned by the Bank in terms of the order passed earlier. It is also pointed out that during the pendency of the civil application, an amount of Rs.10 Lacs has been deposited in this Hon'ble Court. The Bank is at liberty to withdraw the amount so deposited by the borrowers. 3. In these circumstances, it would serve the ends of justice, if borrowers are directed to deposit the balance amount of Rs.25 Lacs within a period of two months from today and they are accordingly directed. The borrowers/petitioners shall further 3 deposit balance amount recoverable under the certificate already issued excluding the amount of Rs. 2,22,835/- within a period of four months from today. 4. In view of the aforesaid directions, the civil application is disposed of. In the event of failure to abide by the directions given above, the consequences enumerated in the order passed by this Court on 1st July, 2009 and consequently modified by order dated 10th September, 2009 shall follow. 5. Civil application stands disposed of. (R.M.BORDE) JUDGE gas/ca11301.09