Chandrakalabai Badrinath Hake And Others v. Central Bank Of India Through Senior Branch Manager S D Joshi And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO.1581 OF 2017 Smt. Chandrakalabai Badrinath Hake and others.

...PETITIONERS

VERSUS

Central Bank of India and another.

...RESPONDENTS ...

Mr.S.V. Adwant Advocate for Petitioners.

Mr.Koolbhooshan B. Deshpande Advocate for Respondent No.1.

Mr. S.R. Deshpande Advocate for Resp. No.2.

...

CORAM: S.S. SHINDE AND K.K. SONAWANE, JJ.

DATE : 3RD FEBRUARY 2017 ORDER :

1.

Heard learned counsel appearing for the Petitioners and learned counsel appearing for respective Respondents. In view of the remedy of appeal against the order of recovery officer is available under the provisions of the

Securitisation and Reconstitution of Financial Assets and Enforcement of Security Interest Act, 2002, we are not inclined to entertain this Writ Petition on merits. However, we are inclined to consider the prayer of the Petitioners to grant them time till 16th February 2017 for availing the remedy of appeal available in the said Act.

2.

Needless to observe that in case of filing of the appeal by the Petitioners, it will be open for the parties to agitate all the points available on merits including limitation in filing the appeal.

3.

We further make it clear that no prayer for further extension of time will be entertained under any circumstances.

4.

Till 17th February 2017 there shall not be confirmation of sale.

5.

With the above observations, the Writ Petition stands disposed of.

[K.K. SONAWANE, J.] [S.S. SHINDE, J.] asb/FEB17