Jubilant Foodwork Limited v. Punjab National Bank And ORS.

917-WP.12271.2015.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12271 OF 2015 Jubilant Foodwork Limited } Petitioner versus Punjab National Bank } and Ors.

} Respondents Mr. Lendl Coutinho i/b. Mr. Swapnil S.

Mohite for the petitioner.

Ms. Sushma Bhende - AGP for respondent no. 6.

CORAM :- S. C. DHARMADHIKARI & B. P. COLABAWALLA, JJ.

DATED :- OCTOBER 27, 2016 P.C. :- 1.

The writ petitioner sought to contend before this court on 8th December, 2015 that an order dated 20th August, 2015 passed under section 14 of the SARFAESI Act could not have been passed in law. This court noted this contention and found that the petitioner is relying on a conducting agreement. That is also popularly styled as licence/leave and licence. Such an agreement by itself does not create any right title and interest in the immovable property. Holding thus, the relief was denied. J.V.Salunke,PA

917-WP.12271.2015.doc 2.

By passage of time, this writ petition is rendered infructuous after this detailed order. It is dismissed. (B.P.COLABAWALLA, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA