Punjab National Bank v. Seema Sharma And 2 ORS.

18-wp-1313.2018.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 1313 OF 2018 Punjab National Bank ... Petitioner

Versus

Smt.Seema Sharma and Ors.

... Respondents Mr.Rahul Tambe I/by Intralegal for the petitioner. Mr. Rahul Pawar,EOW Mumbai present in court.

CORAM : SHANTANU KEMKAR & NITIN W. SAMBRE, JJ.

DATE :

JULY 16, 2018 P.C.:

By filing this petition under Article 226 of the Constitution of India, the petitioner has claimed the following reliefs : "(a) this Hon'ble Court may direct the Hon'ble Special MPID Court, Mumbai to dispose off the petitioner's objections marked as "Exhibit-234" in the main MPID Case No.01/2014 pending before the Hon'ble Special MPID Court, Mumbai (Court Room-33) expeditiously, or, in the alternative :

(b) Permit the petitioner to sell the said property viz Bungalow no. 421 in Sector 35-A, Chandigarh, under SARFAESI Act, 2002 on the undertaking that the petitioner shall deposit the sale proceeds before the Hon'ble Special MPID Court, Mumbai subject to the order in the Exhibit 234 objections filed by the petitioner in the main MPID Case No.01-2014 before the Hon'ble Special MPID Court, Mumbai."

Digitally signed by Hemant Vasantrao Nilegaonkar Date:

2018.07.17 15:45:42 +0530 Hemant Vasantrao Nilegaonkar nilegaonkar

18-wp-1313.2018.odt 2.

Having gone through the petition and having considered the submissions made by the learned counsel for the petitioner, we are not inclined to interfere with the order. It is open for the petitioner to file appropriate application for urgent hearing of its objections at Exhibit-234 before the Special MPID Court, Mumbai. 3.

With the aforesaid observations, petition is disposed of. (NITIN W. SAMBRE, J.) (SHANTANU KEMKAR, J.) nilegaonkar