Priya Sushil Sawant v. The Authorized Officer Nkgsb Co-Operative Bank Ltd. And 2 ORS.

914-WPL.1688.2016.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 1688 OF 2016 Mrs. Priya Sushil Sawant } Petitioner versus The Authorised Officer } NKGSB Co-operative Bank } Ltd. and Ors.

} Respondents Mr. Amit Vyas with Mr. Pinkesh Shah i/b.M/s. Vertices partners for the petitioner.

Mr. Sanjay Anabhawane i/b. M/s. M. & S.

Legal Ventures for respondent nos. 1 and 2.

Ms. Madhubala Kajale - AGP for respondent no. 3.

CORAM :- S. C. DHARMADHIKARI & DR. SHALINI PHANSALKAR-JOSHI, JJ.

DATED :- JULY 22, 2016 P.C. :- After the writ petition was argued for sometime, in the face of an alternate and equally efficacious remedy, on instructions, the petitioner's advocate seeks leave to withdraw the writ petition with liberty to avail of an alternate remedy of appeal to the DRAT. Leave granted. The writ petition is allowed to be withdrawn with liberty as prayed.

J.V.Salunke,PA

914-WPL.1688.2016.doc 2) The learned counsel appearing for the petitioner prays that by an ad-interim order this court has protected the possession of the petitioner's residential flat and that protection may be continued.

3) The learned advocate appearing for respondent nos. 1 and 2 opposes this request.

4) Having heard both sides on this limited point and since we have protected the occupant Mr. Dilip Arbatti, we direct that the ad-interim order passed on 23rd June, 2016 shall continue for a period of four weeks from today, but without prejudice to the rights and contentions of the respondent bank. 5) No extension or continuation of this ad-interim order will be granted. The DRAT is not bound to continue this adinterim order much less unconditionally. (DR. SHALINI PHANSALKAR-JOSHI, J.) (S.C.DHARMADHIKARI, J.) J.V.Salunke,PA