IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION CIVIL CIVIL CIVIL WRIT PETITION NO. 1537 OF 2009 WRIT PETITION NO. 1537 OF 2009 WRIT PETITION NO. 1537 OF 2009 Nashik Krushi Utpana Bazar Samiti ] .. Petitioner Versus 1. The Maharashtra State Cooperative ] Bank Limited & anr. ] .. Respondents Mr. P.N. Joshi for the petitioner. Mr. Vinay Masurkar, GP, for the respondent No.1. Mr. N.D. Yelekar for the respondent No.2. CORAM: S.B. MHASE & D.B. BHOSALE, JJ. DATED: 2ND FEBRUARY, 2009 P.C. : 1. Mr. P.N. Joshi, learned counsel for the petitioner fairly states that the Bank has already taken possession in view of the Notice under Section 13(2) of The Securitization And Reconstruction of Financial Assets And Enforcement of Security Interest Act, 2002. However, Mr. Joshi tried to maintain that it is a symbolic possession. As against that Mr. N.D. Yelekar, who appears for the respondent No.1-Bank states that the Bank has taken physical possession. : 2 : 2. We need not go into this aspect at this stage. Suffice it to state that the petitioner has a remedy available under Section 17 of the Recovery of Debts Due to Banks & Financial Institutions Act, 1993, to file an appeal as against action taken by the Bank. Mr. Joshi states that he desires to avail of the said remedy and he further states that he will obtain appropriate protection orders from the Debts Recovery Tribunal. He, therefore, submits that he may be allowed to withdraw this Writ Petition. 3. The statements made by the counsel for the petitioner are accepted. Leave to withdraw the Petition is granted. We only hope that in order to enable the petitioner to avail appropriate remedies under law, the respondent will observe restraint in not proceeding with the disposal of the property for a period of two weeks from today. 4. Writ Petition stands disposed of as withdrawn. Sd/- Sd/- [D.B. [D.B. [D.B. BHOSALE, J.] BHOSALE, J.] BHOSALE, J.] [S.B. [S.B. [S.B. MHASE, J.] MHASE, J.] MHASE, J.]