: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 CIVIL APPLICATION NO. 1262 OF 2007 IN WRIT PETITION NO. 7242 OF 2002 Mr.Punaji T.Naik ...Petitioner Versus M/s.Abhyudaya Co.op Bank Ltd and Ors. ....Respondents Mr.G.S.Bhatt Adv. for the petitioners. Mr.K.B.Adyanthaya Adv. for the respondents. CORAM: S.C.DHARMADHIKARI, J. 18th January, 2008. P.C. P.C. P.C. : : : 1. The Applicant-Punaji T.Naik has filed an Affidavit-cum-Undertaking before this court stating therein that he is in possession of the subject premises, namely, Unit no.2, Bhandup Laghu Udyog Mandal, Off Lake Road, Bhandup (West), Mumbai-400 078 and that none other than him he is in possession. The premises are already attached. The applicant has given an Undertaking that he will hand over vacant possession :2: :2: :2: of these premises to the auction purchaser as and when the auction of the said premises is complete. He undertakes that he will not create any obstruction to the auction purchaser taking possession of the premises. He has undertaken to this court not to create any encumbrance in respect of these premises and he further undertakes to this court that he will not part with possession thereof. 2. The Affidavit-cum-Undertaking is taken on record and marked ‘X’. Undertaking is accepted. Civil Application is accordingly disposed off. *******