Ameen Hyder Sayyed And Others v. The Special Recovery Officer And Others

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 905 WRIT PETITION NO.5001 OF 2023 AMEEN HYDER SAYYED AND OTHERS

VERSUS

THE SPECIAL RECOVERY OFFICER AND OTHERS ...

Advocate for Petitioners : Mr. Kingre Gajanan Bhanudas AGP for Respondents-State : Mr. K. B. Jadhavar Advocate for Respondent Nos.1 and 2 : Mr. K. J. Suryawanshi ...

CORAM :

ARUN R. PEDNEKER, J.

DATE :

28th April, 2023 PER COURT :

1.

The petitioners are challenging the order dated 16/03/2022 issued by the Collector, Aurangabad directing the Additional Tahsildar to take physical possession of the property owned by the petitioners as of today. 2.

The learned Advocate appearing for the Bank submits that as of today Rs.45 lakh are due from the petitioner. The petitioner is not in a position to deposit any substantial amount in this Court also. Since there is no Stay to the execution process, this Court would not interfere in the execution process. However, liberty is granted to the petitioner to move an appropriate application for Stay before the Revisional Authority. 3.

In the event such an application is moved, the authority to consider the same on its own merits.

4.

In view of the above, the petition is disposed with above observation. ( ARUN R. PEDNEKER, J. ) vj gawade/-.