M/S. Aditi Automobiles Through Its Proprietor And ORS v. Greater Bombay Co-Op. Bank Ltd And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9910 OF 2024 ALONG WITH WRIT PETITION NO.9911 OF 2024 Aditi Automobiles, Murbad, Dist. Thane & Ors. .. Petitioners Vs.

Greater Bombay Co-op. Bank Ltd., Mumbai & Ors. .. Respondents Mr. Manas N. Gawankar, Advocate for the Petitioners in both the Petitions. Mr. Anshul Anjarlekar, Advocate, i/by Raval-Shah & Co., for Respondent No.1 in both the Petitions.

Smt. T.D. Goswami, Assistant Government Pleader for the RespondentState of Maharashtra in WP/9910/2024. Mr. Satchit Bhogle, 'B' Panel Counsel for the Respondent-State of Maharashtra in WP/9911/2024.

CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 18TH JULY, 2024.

P.C. :

1.

The learned counsel for the petitioners submits that Securitization Application Nos.72 of 2024 and 73 of 2024 filed by the petitioners, under Section 17 of the Securities and Reconstruction of Financial Assets and Enforcement or Security Interest Act, 2002, are listed today at Sr. Nos.49 and 50, respectively, before the Debts Recovery Tribunal, Mumbai, whereby a challenge is being raised to the initial notices issued by the 4th respondent-Tahsildar dated 31st October 2023 calling upon the petitioners to handover possession of the subject property to the 1st respondent-Bank. 2.

The learned counsel for the 1st respondent-Bank submits that the Bank shall not take any coercive steps till the aforesaid Securitization Applications are decided by the Debts Recovery Tribunal. Statement is accepted.

3.

In view of the above, both the writ petitions are disposed of. No costs.

[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 1/1 Digitally signed by SNEHA ABHAY DIXIT Date:

2024.07.19 10:19:32 +0530 SNEHA ABHAY DIXIT 905 & 906-WP-9910-2024 & WP-9911-2024.doc Dixit