Mahesh Krishnlal Malik And ANR v. Idfc First Bank Ltd. And ANR

1/1 905-wpst-17829-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO.17829 OF 2019 ...

Mahesh Krishnlal Malik & Anr.

...Petitioners

v/s.

IDFC First Bank Ltd. & Anr.

...Respondents

...

Mr.Ratnesh Mishra i/b Law Juris for the Petitioners. Mr.R.L.Motwani for the Respondent No.1.

...

CORAM : A.A. SAYED & PRAKASH D. NAIK, JJ.

DATED : 10 JULY 2019 P.C.:

The Petition is filed essentially challenging the order dated 7 March 2019 of the Chief Metropolitan Magistrate under section 14 of the SARFAESI Act. The Petitioner was issued notice as far back as on 17 June 2019 for taking physical possession of the secured asset on 11 July 2019. Instead of approaching the DRT, the Petitioner has filed the present Petition, which has been affirmed on 24 June 2019, but filed on 1 July 2019 and has been moved only at the eleventh hour. In the circumstances, we are not inclined to entertain the Petition. The Petition to stand dismissed with liberty to the Petitioner to approach the DRT. (PRAKASH D. NAIK,J.) (A.A.SAYED, J.) Uday.P.Kambli 1/1