Mohammed Hanif Syed And ANR. v. Kotak Mahindra Bank Ltd.

ssm 1 950-wp9245.17.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9245 OF 2017 Mr. Mohammed Hanif Syed & Anr.

....Petitioners.

Vs.

Kotak Mahindra Bank Ltd.

....Respondent.

Ms. Anita Castelino i/by Sayed Zia Amir Mohiddin for the Petitioners. Mr. Vishal Kanade for the Respondent.

CORAM : ANOOP V. MOHTA AND SMT. BHARATI H. DANGRE, JJ.

DATE : 16 AUGUST 2017.

ORDER:- We are inclined to dispose of the present Writ Petition, as the learned counsel appearing for the sole Respondent-Bank, on instructions, makes statement that the Tahasildar is not taking possession under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ("the SARFAESI, Act") today and the Tahasildar will give a fresh notice before taking possession. The statement is also made that the Petitioner's Appeal, as well as, the Application for stay is pending before the Debts Recovery Appellate Tribunal. By keeping all contentions open, the present Writ Petition is disposed of. No costs.

(BHARATI H. DANGRE, J.) (ANOOP V. MOHTA, J.) 1/1