PNP 1 WP1394-3.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1394 OF 2011 Ekesh Kumar Ambalal Jani ..Petitioner. versus Rupee Co-op. Bank Ltd. and others ..Respondents. ..... Mr. S.S. Kanetkar for the Petitioner. Mr. Kishor V. Tembe for Respondent No.1. ...... CORAM : DR.D.Y.CHANDRACHUD & A. A. SAYED, JJ. 3 October 2011. P.C. : This Court was moved on 15 February 2011 since it was stated that in pursuance of a communication dated 28 January 2011 possession would be taken from the Petitioner in pursuance of an order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. This Court observed that the Petitioner would have to be relegated to the remedy of filing an appeal before the Debts Recovery Tribunal. However, a limited protection was granted to the Petitioner by directing that the First Respondent may take formal possession of the secured assets, but the Petitioner shall not be dispossessed until the next date of hearing. The Petitioner has a remedy of moving the Tribunal under Section 17. Hence, we are not inclined to interfere in the exercise of our writ jurisdiction under PNP 2 WP1394-3.10.sxw Article 226 of the Constitution. All questions including the question as to whether the Petitioner has been discriminated in the refusal to accept the proposal of a one time settlement can be urged before the Tribunal. Accordingly we direct that for a period of four weeks from today, the First Respondent shall not take forcible possession; the Court having been informed that symbolic possession has already been taken. In the event that the Petitioner does not obtain any orders of the Tribunal within the aforesaid period, the First Respondent would be at liberty to take further steps in accordance with law. The Petition is accordingly disposed of. (Dr. D.Y. Chandrachud, J.) (A. A. Sayed, J.)