Mr. Vijay Karamshi Parasiya v. Pnb Housing Finance Ltd.

909.WP.4598.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4598 OF 2018 Vijay Karamshi Parasiya ... Petitioner V/s.

PNB Housing Finance Ltd.

... Respondent Mr. Sidharth Samantaray i/b Vivek V. Phadke for the Petitioner. Mr. A.R. Gole i/b Ms. Medha Rane for the Respondent Bank. CORAM :

A.A. SAYED & R.V. GHUGE, JJ.

DATE :

12th APRIL, 2018.

P.C. :

It is an admitted position that the Petitioner has not challenged the measures under Section 13(2)/13(4) of the SARFAESI Act. The measure under Section 13(4) of the SARFAESI Act was taken far back as on 22.07.2017. The Petitioner now impugns the order of the Chief Metropolitan Magistrate dated 05.01.2018 and the consequent notice dated 17.03.2018 from the Advocate Court Commissioner fixing the date of 13.04.2018 at 11.00 a.m. for taking over possession of the secured assets. In the facts and circumstances of the case, we are not inclined to entertain the Petition. The Petitioner may resort to other remedies available to him in law if so adviced. The Petition is dismissed. (R.V. GHUGE, J.) (A.A. SAYED, J.) Waghmare 1/1