Dhansukhlal Vanmalidar Panchal And ANR v. Auth. Officer, Saraswat Co-Op. Bank Ltd. Pune And ORS

501-WPST-2439-19.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST.) NO. 2439 OF 2019 Dhansukhlal Vanmalidar Panchal & Anr.

...Petitioners

Versus

Authorised Officer Saraswat Co-operative Bank Ltd. & Ors.

...Respondents

---------- Ms. Fatima Barodawala, i/by Raval Shah, for the Petitioners. Mr. V.S. Gokhale, B Panel Counsel, for the Respondents No. 2 to. 4.

---------- CORAM :

A.A. SAYED & RIYAZ I. CHAGLA, JJ.

DATE : 24 January 2019 ORDER :

1.

It is admitted position that the Respondent No. 1Bank has already taken possession of the secured asset i.e. the 1 / 2 January 24, 2019

501-WPST-2439-19.doc flat in question on 22nd August 2017 by putting their lock, which shows that the Petitioners are not in occupation of the said flat. The Petitioners have already filed the Securitisation Application before the D.R.T.

2.

In these circumstances, we are not inclined to entertain the Petition. The Petition shall accordingly stand dismissed.

[RIYAZ I. CHAGLA J.] [A.A. SAYED, J.] 2 / 2 January 24, 2019