Mr. Parvez Alam Siddique v. Bank Of India

501-WPST-5560-19.doc Sharayu Khot.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST.) NO. 5560 OF 2019 Mr. Parvez Alam Siddique

...Petitioner

Versus

Bank of India

...Respondent

---------- Mr. Mandar Soman, i/by Vivek V. Phadke, for the Petitioner. Mr. Anant B. Shinde, a/w Mr. Prashant A. Shinde, i/by Anant B. Shinde & Co., for the Respondent-Bank.

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

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

DATE : 21 February 2019 ORDER :

1.

We record the statement of the learned Counsel for the Respondent-Bank that for a period of 10 days from today, the Respondent-Bank shall not take possession of the secured asset i.e. Flat No. A/102 Tycoon House, Excell Building, Behind 1 / 2 February 21, 2019

501-WPST-5560-19.doc Pratiksha Road No. 13, Juhu, Mumbai - 400 049. 2.

We also record the statement of the learned Counsel for the Petitioner that on or before 27th February 2019, he shall pay the Respondent-Bank a sum of Rs. 5,00,000/- (Rupees Five Lakhs only).

3.

Inasmuch as the Petitioner has a remedy before the D.R.A.T. and Chairman of the D.R.A.T. is presently not available and is to resume on 25th February 2019, no further orders are required to be passed in the present Petition. The Petition is disposed of with liberty to the Petitioner to challenge the order of the D.R.T. before the D.R.A.T.

4.

It is made clear that the D.R.A.T. is free to pass orders as it deems appropriate.

[RIYAZ I. CHAGLA J.] [A.A. SAYED, J.] 2 / 2 February 21, 2019