1 wp 7307-2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7307 OF 2010 M/s.Shelter Point Pvt.Ltd. ...Petitioner vs. State of Maharashtra & Ors. ...Respondents Mr.G.S. Godbole i/b. M/s.JRT Legal for the Petitioner. Mr.R.M. Patne, AGP for Respondent No.1. Mr.R.C. Dhru for Respondent Nos.2 and 3. CORAM : A.S. OKA, J. DATED : OCTOBER 27, 2010 P.C. :- 1 Not on board. Taken on board. 2 Heard the learned Counsel appearing for the petitioner, the learned AGP for the first respondent and the learned Counsel for the second and third respondents. 2 wp 7307-2010 3 It is not in dispute that the objection raised by the petitioner to the attachment has been decided by the Special Recovery Officer against the petitioner. The petitioner has a remedy available for challenging the order passed by the Special Recovery Officer. In view of this factual situation, it is not necessary to keep the petition pending and the petition can be disposed of by keeping the remedy open. The learned Counsel appearing for the petitioner prays for continuation of ad-interim relief. The said request is opposed by the learned Counsel appearing for second and third respondents by pointing out that the auction purchaser has deposited the entire consideration amount. 4 As a remedy is available under the statute, for a short period, ad-interim relief will have to be extended. 5 Hence, the petition is disposed of by passing the following order :- 3 wp 7307-2010 1)The petition is disposed of by keeping the remedy of the petitioner of filing appropriate proceedings for challenging the order of the Special Recovery Officer open. 2)The petitioner is directed to give notice of the proceedings filed by him to the 2nd and 3rd respondents as well as to the auction purchaser. 3)Ad-interim relief granted on 27th September, 2010 will continue to operate for a period of two weeks from today. 4)It is made clear that the prayer for interim relief will be decided by the concerned authority without being influenced by the continuation of the ad-interim relief granted by this court. 5)All contentions of the parties on merits are 4 wp 7307-2010 kept open. 6)Civil Application No.2778/2010 does not survive and is disposed of. (A.S. OKA, J.)