Ramgopal Bansilal Khandelwal v. Central Bank Of India And Another

1 WP-5128.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 5128 OF 2015 Ramgopal S/o Bansilal Khandelwal ...PETITIONER versus Central Bank of India and another ...RESPONDENTS .....

Mr. Vivek B. Kulkarni, Advocate for petitioner Mr. Y.B. Bolkar, Advocate for respondent No. 1 Mr. A.A. Mishra Advocate for respondent No. 2 .....

CORAM : S. V. GANGAPURWALA AND K.K. SONAWANE, JJ.

DATED : 13th JULY, 2016.

Order :-

1. The petitioner has approached this Court being aggrieved by non grant of interim orders on securtization application. This Court vide order dated 5th May, 2015 had directed the petitioner to deposit Rs.2,00,00,000/- (Rupees Two Crores) with bank by 10th June, 2015. On the condition of deposit of the amount, implementation of the order impugned stood suspended.

2.

Mr. Bolkar and Mr. Mishra learned counsel for respondents- bank submits that as petitioner had not deposited the amount as directed by this Court, possession is already taken by respondents-bank of secured assets as per notice issued under section 13(2) of the Securtisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( for short "said Act") and subsequently

2 WP-5128.15 section 13(4) of the said Act.

3.

As Securitization application is pending, possession is already taken, purpose of the petition does not survive. 4.

As such, writ petition stands disposed of. No costs. Sd/- Sd/- [ K. K. SONAWANE, J.] [S. V. GANGAPURWALA, J.] MTK