Mr. Mulla Abdul Sattar And 2 ORS., v. The Authorized Officer, Goa State Cooperative Bank Ltd. And 2 ORS.,

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO. 473 OF 2015 MR. MULLA ABDUL SATTAR AND 2 ORS., ... Petitioners

Versus

THE AUTHORIZED OFFICER, GOA STATE COOPERATIVE BANK LTD. AND 2 ORS., ... Respondents Mr. Parag S. Rao, Advocate for the petitioners. Mr. S. R. Rivankar, Advocate for the respondent nos. 1 and 2. Mr. S. Dhargalkar, Addl. Government Advocate for respondent no.3. Mr. S. D. Padiyar, Advocate for the respondent nos. 4 and 5. Coram:- F. M. REIS & NUTAN D. SARDESSAI, JJ.

Date:- 30th March, 2016 P.C.

After hearing the matter for some time, Mr. Rivankar, learned counsel appearing for the respondent nos. 1 and 2 has pointed out that the petitioners have an alternate remedy to challenge the impugned order by preferring an appeal under Section 17 of the SARFAESI Act before the Debts Recovery Tribunal.

2. Mr. P. Rao, learned counsel appearing for the petitioners upon instructions submits that as such the petitioners seek leave to withdraw the above Writ Petition with liberty to challenge the impugned order by availing of an appropriate alternate remedy in accordance with law. But however, in view of an assurance by Mr. Rivankar, learned counsel appearing for the respondent nos. 1 and 2,

WP/473/2015 no coercive action were taken against the petitioners during the pendency of the above petition which be continued for some more time.

3. Mr. Rivankar, learned counsel appearing for the respondent nos. 1 and 2 fairly states that such assurance shall continue for a period of six weeks from today only. Hence, the petition stands dismissed as withdrawn with liberty as prayed for. All contentions of both the parties on merits are left open.

NUTAN D. SARDESSAI, J.

F. M. REIS, J.

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