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Bombay High CourtWP/1649/2019

Ambar Asit Chakrabarti And 3 Others v. Pnb Housing Finance Ltd. And 6 Others

2019-06-25Hon'Ble Shri Justice A.A. Sayed,Hon'Ble Shri Justice Prakash D. Naik1 pages

1/1 905.wpl.1894.2019.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 1894 OF 2019 Amber Asit Chakrabarti & Ors ... Petitioners Vs.

PNB Housing Finance Limited & Ors ... Respondents Mr.Shailendra Mishra, Mr.Sharad Rai i/b. M/s.ARM Legal, Advocate for the Petitioners.

Mr.Siddharth Samantray a/w. Ms.Dimple Tejani i/b. Mr. Sanjay Anabhawane, Advocate for the Respondent - Bank. CORAM :

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

DATED :

25th JUNE 2019 P.C.:

The Petitioners have already filed an appeal before the DRAT. Since the Petitioner's appeal is pending before the DRAT, we direct the Respondent No. 1 to defer taking possession of the secured assets i.e. five shops in question for a period of 10 days. Petitioners would be at liberty to move the DRAT for seeking appropriate orders.

2.

We record the statement of learned Counsel for the Petitioners that within two days the Petitioners shall pay a sum of Rs.50,000/- to the Respondent No. 1 towards costs. All contentions are kept open.

3.

The Petition is disposed off in the aforesaid terms. (PRAKASH D. NAIK,J.) (A. A. SAYED, J.) AKN 1/1