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

910.WP.4599.18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4599 OF 2018 Jawahar 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. :

The Petitioner has impugned the order of DRT dated 09.04.2018. The Petitioner has an alternate remedy to challenge the said order before DRAT wherein he is required to make certain pre-deposit. The Advocate Court Commissioner's notice speaks about taking possession on 09.04.2018 which has gone past and a fresh notice will have to be issued. Hence, the exercise of writ jurisdiction is not warranted. The Writ Petition is dismissed.

(R.V. GHUGE, J.) (A.A. SAYED, J.) Waghmare 1/1