Arun S/O Prabhakarrao Navghare And Another v. District Magistrate, Nagpur And Others

Order 0307wp3759.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO. 3759/2019.

Arun Prabhakarrao Navghare and another -VERSUSDistrict Magistrate, Nagpur and others. Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

Shri I.G. Meshram, Advocate for Petitioners.

A.G.P. for Respondent Nos.1 to 3.

Shri S.N. Kumar, Advocate for Respondent No. 4. Shri R. Agrawal, Advocate for Respondent No.5. CORAM : R.K. DESHPANDE & VINAY JOSHI, JJ.

DATE : JULY 03, 2019.

Heard.

2.

Petitioners claim to be tenants inducted on 11.07.2012 in the property in question, which was mortgaged with the Bank on 21.11.2011. The challenge in this petition is to the order dated 18.02.2019, passed under Section 14[2] of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 by the District Magistrate, Nagpur.

Order 0307wp3759.19 3.

This Court has shown some indulgence on 30.05.2019, and stayed the possession on the condition of deposit of an amount of Rs. 5 lakhs till 03.06.2019, and balance amount within a period of two months. The period has expired, but, the amount is not deposited.

4.

Petitioners have an alternate remedy of approaching the Debt Recovery Tribunal. Even the borrower is opposing the claim of petitioners about entering into an agreement to sale the property to petitioners on 09.01.2013.

5.

We therefore, do not find any reason to interfere in the matter. The same is dismissed. No costs.

JUDGE JUDGE Rgd.