C.A.No.6033/2011 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY, BENCH AT AURANGABAD CIVIL APPLICATION NO.6033 OF 2011 IN FIRST APPEAL NO.2749 OF 2009 Mrs Sanyogita N.Jadhav ..Applicant Versus Abhyudaya Co-operative Bank Ltd, Mumbai ..Respondent Mr S.D.Karkare, Advocate for applicant Mr S.S.Deve, Advocate for respondent CORAM : SMT. NISHITA MHATRE & M.T. JOSHI, JJ. DATE : 5th May 2011 PER COURT 1. This civil application has been filed to continue the order passed on 5.5.2010 by this Court granting certain reliefs to the appellant. The Court had directed that for a period of six weeks from the date of the order no coercive action be taken against the appellant and the possession of the suit flat should also remain with the appellant during this time. On 15.6.2010 the order directing that no coercive action be taken was extended for a period of two weeks by this Court. Again on 29.6.2010 it was extended up to 11.7.2010. On 8.9.2010, a similar request made by the appellant was not pressed by the appellant. This Court, therefore, dismissed the civil application and granted liberty to the appellant to seek relief in the event the appeal was not heard in the week commencing from 4th October 2010. C.A.No.6033/2011 2 2. The present civil application has been filed on 2.5.2011. It is contended that the relief granted on 5.5.2010 by this Court should be continued as an order has been issued on 28.4.2011 in compliance of the order dated 26.3.2010 passed by the Chief Metropolitan Magistrate, Esplanade, Mumbai in C.C.No.357/M/2009. 3. We have heard the Counsel for the parties and in our opinion, there is no need to extend the order granted on 5.5.2010. The order dated 28th April 2011 by which possession of the secured asset viz. Flat No.401, Godavari, Sir Pochkhanwala Road, Worli, Mumbai 400 030 is sought to be taken has been issued in view of the order passed on 26th March 2010 by the Chief Metropolitan Magistrate under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. That order has not been challenged before us. Apart from this the interim protection granted to the Appellant continued only till 11.7.2010. 4. In these circumstances, we see no reason to grant any relief. The civil application is dismissed. ( M.T. JOSHI, J. ) ( SMT. NISHITA MHATRE, J. ) (vvr/6033.11ca)