Juliana Fernandes And ANR v. Lic Housing Finance Limited

1 of 2 905.WP(L).1785.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1785 OF 2019 Juliana Fernandes and another Petitioners versus LIC Housing Finance Limited Respondent Mr.Deepak Shukla I/by B.N.Shukla & Co. for petitioners. CORAM :

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

DATE :

13th June 2019 PC :

1.

Learned counsel for petitioners states that the respondent-bank has been served. He has shown us a copy of letter dated 12th June 2019 which has been acknowledged by the respondent-bank. We record the statement of learned counsel for petitioners that affidavitof-service will be filed during the course of the day. 2.

The petitioners are challenging the order dated 6th March 2019 passed by learned Chief Metropolitan Magistrate, Mumbai in Case No.449/SA/2018. Learned counsel states that possession of the secured asset i.e. Flat No.401, 4th floor, Dunhill Shelter Cooperative Housing Society, CTS No.605, 605/1, Plot No.43, Andheri (West), Mumbai-400051, is scheduled to be taken on 17th June 2018. 3.

The petitioner has an alternate and efficacious remedy in Debts Recovery Tribunal. We are, therefore, not inclined to entertain the petition. The petition is accordingly dismissed. However, to enable the petitioners to invoke the alternate remedy, we direct the

2 of 2 905.WP(L).1785.2019.doc respondent-bank to defer taking possession of secured flat being Flat No.401, 4th floor, Dunhill Shelter Co-operative Housing Society, CTS No.605, 605/1, Plot No.43, Andheri (West), Mumbai-400051, for a period of one week from today.

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