hvn IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 2242 OF 2011 M/s. Unitech Finance & Investment ... Petitioner Versus The City Coop. Bank Ltd. & Anr. ... Respondents Mr. S. Purohit i/by Gordhandas & Fozdar for petitioner. Mr. J.V. Ghone, Manager of respondent No. 1 bank present. CORAM : P.B. MAJMUDAR & MRS. MRIDULA BHATKAR,JJ. DATED : NOVEMBER 22, 2011 P.C. By way of this petition, petitioner has prayed that the property which is mortgaged in their favour is put to an auction by the Bank to recover dues from the defaulter. According to learned counsel for the petitioner, the property which is mortgaged in favour of the petitioner company is neither under the charge nor any security is given to the bank by the concerned persons. In our view, whether there is any prior mortgage or not is to be decided on the basis of evidence. Considering 1 hvn this aspect, petitioner is permitted to file civil suit as regards the title of the property in question. In order to enable the petitioner to take out appropriate proceedings and obtain interim orders, respondent bank is directed not to put the property in auction for a period of three weeks from today. It is clarified that we have not adjudicated upon the rights or title of the petitioner or of the Bank. Subject to whatever stated above, petition stands disposed of. All contentions of the parties are kept open. (MRS. MRIDULA BHATKAR,J.) (P.B. MAJMUDAR,J.) 2