1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5012/2010 Vijay Jeevan Sujan Petitioner versus Industrial Bank Ltd.& ors. Respondents Mr.Mayur Khandeparkar with Ms.Sapna Rachure i/b T.N.Tripathi & Co. for Petitioner. Mrs.Vandana Jaisingani for– Respondent No. 1 & 2 CORAM : D. D. SINHA AND MRS. MRIDULA BHATKAR, JJ. DATED : JULY 1, 2010. P.C. : . Heard learned counsel for the petitioner and respondents. It is brought to the notice of this Court that the respondent-bank has taken action under section 13(4) of the Securitisation and Reconstruction of Financial and Enforcement of Security Interest Act, 2002 (hereinafter referred as the Act) . Since the possession of the secured assets was not given by the petitioner the respondent bank invoked the provisions of section 14 of the Act . The Magistrate was pleased to exercise power under section 14 of the Act and granted assistance to the respondent bank to take over the possession of the secured 2 assets. 2. Counsel for the petitioner at this stage states that the petitioner is entitled to file an appeal against the action taken by the bank under section 13(4) of the Act before the Debts Recovery Tribunal under section 17 of the Act. Learned counsel prays that the appeal would be filed within three days and prayed for interim protection . We do not propose to grant any interim protection to the petitioner so far as possession is concerned, however, learned counsel for the petitioner has made a statement that the bank shall take possession of the secured assets as per the assistance granted by the Magistrate under section 14 of the Act for a period of three days from today only. 3. In view of the above referred facts the petition is disposed of. (D. D. SINHA, J.) (MRS. MRIDULA BHATKAR,J.)