Namdeo Gajanan Madhavi And ORS v. Oriental Bank Of Commerce And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4206 OF 2022 ...

Namdeo Gajanan Madhavi & Ors.

...Petitioners

v/s.

Oriental Bank of Commerce & Ors.

...Respondents

...

Mr.Sameer S.Kolge for the Petitioners.

Adv.Priya Nigwekar i/b Adv.O.A.Das for the Respondent No.1. ...

CORAM : A.A. SAYED & ABHAY AHUJA, JJ.

DATED : 07 APRIL 2022 P.C.:

( In view of urgency expressed, taken on Production Board.) The Petitioners are essential challenging the notice dated 17 March 2022, whereby the DRT Receiver is to take physical possession of shop Nos.3 & 4 at 11 a.m. on 8 April 2022.

2.

The notice is stated to have been pasted on the said shops around 27 March 2022. Instead of approaching the DRT by filing necessary Application in the pending Securitization Application filed by the Petitioners, the Petitioners have approached this Court by filing the above Writ Petition. 3.

We are, therefore, not inclined to entertain the Petition. The Petition is dismissed. In the interest of justice, however, we direct that in the event Uday.P.Kambli 1/2

2/2 501-wp-4206-2022.doc possession of the said shops is taken no further steps shall be taken by the Respondent-Bank to auction the said shops for a period of two weeks from today.

(ABHAY AHUJA,J.) (A.A.SAYED, J.) Uday.P.Kambli 2/2