:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT PETITION NO. 3083 OF 2007 Shri Santaji Hanmantrao Ghorpade ...Petitioner Versus Satyashodhak Sahakari Bank Ltd ....Respondents S.R. Ganbavale Adv. for the petitioners. None for the respondents. CORAM: S.C.DHARMADHIKARI, J. 7th January, 2008. P.C. P.C. P.C. : : : 1. The order under challenge is attaching the movables during the course of execution. The executing court has observed that the petitioner is in default of the payment of instalments which have been stipulated in the order of the appellate court. :2: :2: :2: 2. Mr.Ganbavale, urges that the bank is not furnishing a copy of the Account pertaining to the debt/loan. He submits that the said extract would demonstrate that substantial sums have been paid or in any event after the sale of the truck, the bank has not accounted for the sale proceeds. He invites my attention to certain observations of the executing court in the impugned order and more particularly that in para-8. 3. In my view, when the petitioner admittedly does not dispute his liability but only questions the quantum, then, it would be appropriate to direct that in the event, the petitioner deposits with the executing court, a sum of Rs.1 lac within a period of four weeks from today, the executing court to take cognisance of the request of the petitioner with regard to non-furnishing of the extract of the Account, so also, the correctness of the figures which have been placed before it by the decree holder. Needless to clarify that if the amount is not deposited, the executing court to proceed in accordance with law. If the amount is deposited the executing court to permit the :3: :3: :3: petitioner to make a fresh application and decide the same on merits in accordance with law. Petition dismissed with the above liberty. No order as to costs. sd/- **********