Ashish Prabhudayal Chamria v. Central Bank Of India And 5 ORS

WPL. 2168-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) No. 2168 OF 2015 Ashish P. Chamria ...

Petitioner Vs.

Central bank of India & Ors.

...

Respondents *** Mr. A. R. Pai a/w Vilas Gawai i/b Thodur Las Associates, for the Petitioner.

Mr. Prathmesh Kamat i/b T. N. Tripathi & Co., for Respondent No. 1. *** CORAM : V. M. KANADE, & B. P. COLABAWALLA, JJ.

DATE : JULY 29, 2015 PC.

1.

Learned counsel appearing on behalf of the Petitioner, on instructions, seeks leave to withdraw the petition with liberty to take out an appropriate proceedings in accordance with law. Writ petition is allowed to be withdrawn with liberty as prayed. 2.

Respondent-Bank shall not take possession of the secured assets for a period of two weeks in order to enable the Petitioner to take out an appropriate proceeding. It is clarified that this relief is granted not on merits, and in the proceedings which are taken out by the Petitioner, the concerned Court or Metropolitan Magistrate shall 1 / 2

WPL. 2168-15 not be influenced by the fact that period of two weeks is granted. He shall independently decide the question of grant of injunction. All contentions raised by both the parties in this petition are kept open. If no stay is granted by the Magistrate or any other authority, the Respondent-Bank is at liberty to take possession of the secured assets pursuant to the orders passed under Section 14 of the SARFAESI Act. 3.

Writ petition is disposed of in the aforesaid terms. Parties to act on an authenticated copy of this order. Sd/- Sd/- [B. P. COLABAWALLA, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2