: 1 : wp.5454.2010.sxw vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5454 OF 2010 Shri Shankar Mahadeo Surve ... Petitioner V/s. Shri Malaidevi Nagari Sahakari Patsanstha Maryadit & Ors. ... Respondents Mr.S.P. Kadam for the Petitioner Mr.A.S. Desai with Vilas Kolekar for the Respondent No.1 Mr.R.M. Patne, AGP, for Resp. Nos.2 & 3 CORAM: S.C.DHARMADHIKARI, J. DATE: JUNE 9, 2011. P.C.: 1. The order under challenge is that of the Cooperative appellate Court vacating an interim injunction granted in favour of the petitioner by the learned Judge of the Cooperative Court, Satara on 26.3.2010 in Dispute No.844 of 2009. The first respondent’s appeal No.37 of 2010 has been allowed by the impugned order dated 16.6.2010 of the Member, Maharashtra State Cooperative Appellate Court, Mumbai Bench and that is how the aggrieved petitioner, the original disputant, is before me. 2. The argument is that the dispute was filed prior to the issuance of the recovery certificate and therefore there was no impediment in the dispute proceeding in accordance with law. The trial Court was therefore justified in : 2 : wp.5454.2010.sxw staying the execution and recovery under the recovery certificate. 3. After this matter was argued for some time, both the sides have agreed that if the petitioner deposits with the Cooperative Court, Satara, an amount of Rs.7.5 lacs within six weeks from today, the dispute filed by the petitioner bearing No.844 of 2009 shall be disposed of expeditiously and within a period of four weeks from today on the proof of deposit being produced. 4. If the deposit is not made within the specified period, the dispute would stand dismissed without any further reference to any Court. 5. To enable the petitioner to deposit the sum as set out above, Respondent No.1 shall not take any coercive measures to enforce the recovery certificate and execute it. Needless to state if default is made by the petitioner in complying with this direction, Respondent No.1 can execute the recovery certificate in accordance with law. 6. The Writ Petition is disposed of accordingly. (S.C.DHARMADHIKARI, J.) : 3 : wp.5454.2010.sxw vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5090 OF 2010 Shri Shankar Mahadeo Surve ... Petitioner V/s. Shri Malaidevi Nagari Sahakari Patsanstha Maryadit & Ors. ... Respondents Mr.S.P. Kadam for the Petitioner Mr.A.S. Desai with Vilas Kolekar for the Respondent No.1 Mr.R.M. Patne, AGP, for Resp. Nos.2 & 3 CORAM: S.C.DHARMADHIKARI, J. DATE: JUNE 9, 2011. P.C.: At the request of the learned advocate for the Petitioner, the Writ Petition is allowed to be withdrawn and dismissed as such. No costs.