Mr. Kaushik Rameshchandra Anam v. Central Bank Of India And ANR.

Shridhar Sutar 26-wpst-24671.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION STAMP NO. 24671 OF 2017 Kaushik Rameshchandra Anam ... Petitioner

Versus

Central Bank of India and another ... Respondents .....

Ms. Anita A. Agarwal for the Petitioner.

Mr. Meghnath Navlani for Respondent No.1.

Mr. A.P. Vanarse AGP for Respondent No.2.

.....

CORAM :

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

DATE :

15th SEPTEMBER, 2017.

FINAL ORDER :

1.

Learned Counsel appearing for the parties makes a statement that the main appeal is pending before the Debts Recovery Appellate Tribunal.

2.

The present writ petition is against the interlocutory order, whereby no protective relief is granted to the Petitioner based upon the fact that the Petitioner is licensee after mortgage. 3.

The submission is that the Supreme Court, considering the aspect of Maharashtra Rent Control Act, 1999 read with the

Shridhar Sutar 26-wpst-24671.17.doc provisions of SARFAESI Act, 2002, thereby protection is granted also to the persons like Petitioner licensee and granted time to vacate the premises. Four month's time if granted, the petitioner will undertake to vacate the premises.

4.

In our view, all these aspects can be gone into by the Appellate Authority within two weeks. The parties are at liberty to move the Appellate Authority for early disposal of the main appeal itself.

5.

Therefore, at this stage, we only inclined to continue the stay granted by this Court, for three weeks.

6.

The Petition is disposed of accordingly. No costs. 7.

Parties to co-operate for early disposal of the appeal. The liberty is granted to the parties to settle the matter. (BHARATI H. DANGRE, J.) (ANOOP V. MOHTA, J.)