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Bombay High CourtWP/10958/2019dismissed

Yashwant Ramchandra Haryan v. The Cosmos Co-Op. Bank Ltd. And ORS

2019-09-27Hon'Ble Shri Justice A.A. Sayed1 pages

rpa 1/1 903-wpst-26309-19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST.) NO.26309 OF 2019 Yashwant Ramchandra Haryan .. Petitioner Vs.

The Cosmos Co-op. Bank Ltd. & Ors.

.. Respondents ......

Mr.Niranjan A. Mogre, Advocate for the Petitioner. Mr.Joel Carlos, Advocate for Respondent No.1. ......

CORAM : A.A. SAYED AND PRAKASH D. NAIK, JJ.

DATED : SEPTEMBER 27, 2019.

P.C. :

The Petitioner had challenged the auction dated 16th August, 2019 as well as the sale certifcate dated 4th September, 2019, issued to the auction purchaser.

Inasmuch as the Petitioner has an alternate remedy before the DRT, we dismiss the Petition with liberty to the Petitioner approach the DRT.

We record the statement of the Respondent No.1Bank that the possession of the secured asset has already been handed over to the auction purchaser.

(PRAKASH D. NAIK, J.) (A.A. SAYED, J.)