Rajesh D Nahar And ANR v. Pnb Housing Finance Ltd

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.2612 OF 2019 Rajesh D. Nahar and another Petitioners versus PNB Housing Finance Limited Respondents Mr.Mayur Khandeparkar with Ms.sonali Jain, Siddharth Samantrey I/by MilyGhoshal for Petitioners.

Mr.A.R.Gole with Ms.Medha Rane with Dimple Tejani I/by Medha Rane for Respondent-Bank.

CORAM :

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

DATE :

13th September 2019 PC :

1.

The Petitioners have impugned the order dated 5th September 2019 of DRT. The Petitioners have a remedy of filing an Appeal before the DRAT, wherein the Petitioners would be required to make a pre-deposit of anything between 25% to 50% of the outstanding dues. In the circumstances, notwithstanding the judgments relied upon by learned Counsel for Petitioner, viz. (i) The Siemens Engineering and Manufacturing Co of India Ltd. Vs. The Union of India and another1 and (ii) Harbanslal Sahnia and another Vs. Indian Oil Corpn. Ltd and others2, we are not inclined to entertain the Petition. The Petition is dismissed with liberty to the Petitioner to approach DRAT.

(1976)2-SCC-981 (2003)2-SCC-107

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We record the statement of learned Counsel for RespondentBank that for a period of one week from today, the auction sale shall not be confirmed.

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