: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7353 OF 2008 WRIT PETITION NO.7353 OF 2008 WRIT PETITION NO.7353 OF 2008 Suresh Nabhiraj Malgaonkar ...Petitioner. V/s. The Ashta Peoples Co-op. Bank Ltd., Ashta & Anr. ...Respondents. Mr.Pratap Patil , adv. for the Petitioner. Mr.A.B.Vagyani , adv. for the Respondent No.1. Mr.V.S.Masurkar, G.P. with Mrs.M.P.Thakur, A.G.P. for the State. CORAM: Bilal Nazki CORAM: Bilal Nazki CORAM: Bilal Nazki & J.H.Bhatia,JJ J.H.Bhatia,JJ J.H.Bhatia,JJ. DATE : 3rd December, 2008. DATE : 3rd December, 2008. DATE : 3rd December, 2008. P.C.: P.C.: P.C.: 1. This petition was filed challenging the proposed auction of the property in pursuance of the judgment of the Maharashtra State Co-operative Appellate Court, Mumbai. The learned counsel for the respondents on instructions submits that this petition has become infructuous as the petitioner has approached the bank, deposited an amount of one lac and given a undertaking that the balance will also be deposited within one month. The learned counsel for the petitioner submits that though the award has been accepted and payment of Rs.2,32,000/- as a principal amount is not disputed by the petitioner but he submits that the bank has charged 18% compounding interest, which the bank should not : 2 : do. The learned counsel appearing for the bank on instructions submits that the simple interest is calculated at 18% and not compounding interest. In this view of the matter, we do not find that any cause of action survives. 2. Writ Petition is accordingly dismissed. (Bilal Nazki, J.) (Bilal Nazki, J.) (Bilal Nazki, J.) (J.H.Bhatia, J.) (J.H.Bhatia, J.) (J.H.Bhatia, J.)