Ramesh Narayan Mangtani v. Shri. Haresh V. Milani And ANR

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION STAMP NO. 745 OF 2020 Ramesh Narayan Mangtani .. Petitioner Vs.

Shri Haresh V. Milani & Anr.

.. Respondents Mr. Santosh S. Musale for Petitioner.

Mr. M. M. Pabale, AGP for State.

CORAM: PRADEEP NANDRAJOG, CJ. & SMT. BHARATI DANGRE, J.

JANUARY 17, 2020 P.C.

1.

The Petitioner claims to be a tenant in a property which appears to have been mortgaged with the Bank. Thus the Petitioner cannot question the enforcement of the interest in favour of the bank created by the mortgage. The Petitioner can only protect his possession as a tenant.

2.

For this, the Petitioner can draw attention of the District Magistrate/Collector that his possession needs to be retained. The Petitioner can additionally approach the Debts Recovery Tribunal under Section 17 of the SARFAESI, 2002.

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We decline to entertain the Writ Petition and dismiss the same without any adjudication on merits.

SMT. BHARATI DANGRE, J. CHIEF JUSTICE Pravin D.

Pandit Pravin D. Pandit Date: 2020.01.18 15:07:36 +0530