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Bombay High CourtWP/9977/2017disposed off

Mr. Jitendra Maganlal Parekh v. Mr. Piyush Hemant Doshi And ORS.

2017-09-08Hon'Ble Smt. Justice Bharati Dangre,Hon'Ble Shri Justice Anoop V. Mohta1 pages

905-wp-9977-17.doc Ladda(PS).

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9977 of 2017 Jitendra Maganlal Parekh ..Petitioner.

Vs Piyush Hemant Doshi & Ors ..Respondents.

Mr. Shivraj Kunchge, Advocate for the Petitioner. Mr. Vitthal Ghosalkar, Advocate for Respondent No.4. Mr. Ishwarlal S. Agarwal for Respondent No. 1 and 2. CORAM : ANOOP V. MOHTA & SMT. BHARATI H.DANGRE, JJ.

DATE : 8th September, 2017.

ORDER :- 1) The learned Counsel appearing for Respondent No.4 bank, on instructions, makes a statement that they will not take possession of the premises in question for ten days from today. The learned Counsel appearing for the petitioner, in view of this, seeks leave to withdraw this petition with liberty to file an application before the learned DRAT in view of Section 17 (4) (a) Amended provisions of SARFAESI Act. All contentions of parties are kept open.

3) It is made clear that the learned DRAT to deal with the petitioners' application in accordance with law, without being influenced by our orders which we have passed today. The writ petition is disposed of accordingly.

4) No order as to costs.

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