1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8456 OF 2010 Satish Mohan Pange. ... ... Petitioner. Versus Housing Development Finance Corporation Ltd. (HDFC) & Ors. ... ... Respondents. Mr. Mayur Khandeparkar i/by Mr. S. M. Kadam for the Petitioner. Mr. Amir Arsiwala i/by M/s. Thakore Jariwala & Associates for Respondent Nos.1 and 2. CORAM : P. B. MAJMUDAR and ANOOP V. MOHTA, JJ. DATED : 20TH OCTOBER, 2010. P. C.: Heard learned Counsel for the parties. 2. Learned Counsel Mr. Amir Arsiwala, appearing for respondent Nos.1 and 2 states that the petitioner is a fraudulent person as he had taken power of attorney from respondent No.3 as back as in the year 2004 and in order to deprive the Bank subsequently executed the sale deed. In our view, the respondents Bank can point out this fact before the Debt Recovery Tribunal. In case the petitioner takes any such proceeding, the Debt Recovery Tribunal 2 shall consider this aspect and deal with the same in appropriate manner and will also consider documentary evidence in this behalf. We only permit respondent Nos.1 and 2 to take symbolic possession for the present and after waiting for one week from today, they can take further proceedings for taking actual possession. It will be open for the petitioner to take appropriate proceedings before the Debt Recovery Tribunal after symbolic possession is taken. 3. We are not expressing any view on the merits in issue as ultimately it is for the Debt Recovery Tribunal to consider the same in accordance with the law. 4. Subject to above, the writ petition is rejected. No costs. (P. B. MAJMUDAR, J.) (ANOOP V. MOHTA, J.)