Syed Nizam Shah And ORS v. Dombivali Nagari Sahakari Bank Ltd.

Digitally signed by RUSHIKESH VISHNU PATIL Date:

2023.12.05 11:12:31 +0530 RUSHIKESH VISHNU PATIL R.V.Patil 1 13 WP.7822.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7822 OF 2019 Syed Nizam Shah and Ors.

...

Petitioners.

V/s.

Dombivali Nagari Sahakari Bank Ltd.

...

Respondent.

.......

None for the Petitioners.

Mr. Ashutosh R. Gole for the Respondent.

.......

CORAM : NITIN JAMDAR, AND MANJUSHA DESHPANDE, JJ.

DATE : 30 November 2023.

P.C. :

None for the Petitioners.

The Petitioners are the Borrowers of the Respondent Cooperative Bank. The Petitioners have filed this Petition with a prayer that the Respondent- Bank should not take physical possession till the proceedings filed by the Petitioners before the Debt Recovery Tribunal are decided. The Petition was filed on 12 July 2019. The same has remained pending without any order. On the last occasion also none had appeared.

R.V.Patil 2 13 WP.7822.2019.doc The learned Counsel for the Respondent- Bank states that the approach of the Petitioners to the Debt Recovery Tribunal is misconceived. Even otherwise the learned Counsel for the Respondent- Bank states that loan account itself is closed and perhaps that is the reason the Petitioners are not being attending the Court. In view thereof, the Writ Petition is disposed of. (MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)