Mr. Madhav Ramrao Gurupwar v. The Yavatmal Urban Co-Operative Bank Ltd.

k 1/1 905 wpst 20799.19 as.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (STAMP) NO.20799 OF 2019 ...

Mr. Madhav Ramrao Gurtupwar ....Petitioner V/S The Yavatmal Urban Co-operative Bank Ltd.

....Respondents ...

Mr. Sidharth Samantaray a/w Mr. Kushal Sawant i/b Mr. Puneet K. Gogad Mr. Pravartak Pathak for the Respondent No.1-Bank. CORAM : A.A. SAYED & PRAKASH D. NAIK, JJ.

DATE : 24 JULY 2019.

ORDER:

We record the statement of the learned Counsel for the Respondent Bank that the Respondent Bank shall not act upon the notice dated 24 June 2019 under which the possession of the secured asset was to be taken on 26 July 2019.

We are informed that the Petitioner has already filed an Appeal before the D.R.A.T., however, the Chairperson of the D.R.A.T. is presently on leave and is to resume shortly. In view of the above the Petition is disposed of with liberty to the Petitioner to seek appropriate orders in the Appeal. We make it clear that it will be open for the Respondent Bank to issue fresh notice to the Petitioner for taking possession of the secured asset. (PRAKASH D. NAIK, J.) (A.A. SAYED, J.) katkam 1/1