Rajnibhai Kanubhai Hirpara And ANR v. Reliance Home Finance Ltd. And ANR

(15) WPST 24458-19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION Amk WRIT PETITION (STAMP) NO. 24458 OF 2019 Rajnibhai Kanubhai Hirpara & Anr.

.. Petitioners Vs.

Reliance Home Finance Ltd. & Anr.

.. Respondents Mr. Minesh K. Shah i/b Mr. Mangesh Patel for the Petitioners. Mr. R. L. Motwani for Respondent No.1.

CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATE : 6 th NOVEMBER, 2019.

P. C. :

1.

The Petitioner obtained home loan in a sum of 1.65 Crores ƚ⊗ repayable in 120 Equated Monthly Installments of 2,31,982/-. Shop ƚ⊗ Nos.20 & 21, Basement Floor, Atlantic Plaza Garage Gully, Bhavani Shankar Road, Dadar (W), Mumbai was pledged as security. There was default. The financial institution proceeded under SARFAESI Act, 2002. The Petitioners filed securitization application before the DRT which passed a conditional order restraining the Respondent-financial institituion from proceeding ahead subject to the Petitioner depositing 11.40 lakhs by 29.08.2019. Without annexing a copy of the said ƚ⊗ order, the Writ Petition has been filed.

2.

The Petitioners have a statutory remedy of appeal before DRAT to challenge the order dated 22.08.2019 and thus we dismiss the Writ Petition relegating the Petitioners to statutory remedy noting that 1/2

(15) WPST 24458-19 during the pendency of the present Petition, the Petitioners have deposited 5 lakhs with the Respondent-financial institution. ƚ⊗ [SMT. BHARATI DANGRE, J.] [CHIEF JUSTICE] Arjun M.

Kadam by Arjun M.

Kadam Date:

2019.11.07 11:40:53 +0530 2/2