Prashant Bhaurao Vaidya And Another v. Mahindra Rural Housing Finance Ltd Through Its Manager

1 WP-1616-23

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 1616 OF 2023 Prashant s/o. Bhaurao Vaidya and another ..

Petitioners

Versus

Mahindra Rural Housing Finance Ltd.

..

Respondent Mr. D. A. Mane, Advocate holding for Mr. P. A. Bharat, Advocate for Petitioners CORAM : MANGESH S. PATIL AND S.G. CHAPALGAONKAR, JJ.

DATE : 09-02-2023 PER COURT :

Heard.

2.

The petitioners are facing the possession warrant under the Secularization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, of a dwelling house. 3.

The learned advocate for the petitioners submits that the petitioners are ready to avail the alternate remedy but are praying for a breathing time. They are ready to deposit an amount of Rs.1,50,000/- tomorrow.

4.

We dispose of the writ petition by granting time to approach the appropriate authority till 15.02.2023, subject to the condition that the petitioners deposit Rs.1,50,000/- by tomorrow in this court which amount thereafter shall be paid to the respondent bank. It is clarified that such deposit shall be subject to the outcome of the decision of the appellate court. If the amount is deposited tomorrow, the warrant shall stand in abeyance till 15.02.2023.

[ S.G. CHAPALGAONKAR, J. ] [ MANGESH S. PATIL, J. ] mta