:1: 4194.11-wp bgp IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO.4194 OF 2011 Khan Mohiuddin Shamsullah ..Petitioner Vs. Bank of Baroda & Ors. ..Respondents Mr.Bhavin Bhatia with Mr.Prayag Joshi i/b. Mr.Bipin Joshi for the Petitioner. Mr.Anant B. Shende for Respondent No.1. .... CORAM :- DR.D.Y.CHANDRACHUD & A.A.SAYED, JJ. DATE :- 17 AUGUST 2011. P.C. 1. The Petitioner has filed proceedings under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (the said Act) before the Debts Recovery Tribunal. The Petitioner has also instituted a suit before the City Civil Court. The Petitioner moved an application before the Tribunal for staying the proceedings of the Securitisation application under Section 17 of the said Act pending the disposal of the suit. That application was dismissed by the Debts Recovery Tribunal and the order of the Tribunal was confirmed in appeal by the Appellate Tribunal. 2. We find no merit in the contention of the Petitioner to the effect that the hearing of the proceedings under Section 17 of the said Act ought to have been stayed. Section 17 of the said Act is couched in :2: 4194.11-wp broad terms and enables any person to approach the Tribunal aggrieved by the action taken by the Financial Institutions under Section 13(4) of the said Act. The Petitioner having taken recourse to that remedy, the application for staying these proceedings was only an attempt to delay the proceedings. The application was a thorough abuse of process of the Court and was rightly dismissed by the Tribunal. Neither the order of the Tribunal nor the order of the Appellate Tribunal suffer from any infirmity. That apart, the Court has been informed by the learned Counsel for the Respondent Bank that the application has been fully argued and has been now placed for final judgment on 25 August 2011. The petition is dismissed. (A.A.SAYED,J.) (DR.D.Y.CHANDRACHUD,J.)