1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.890 OF 2010 Girish Hemant Dharmadhikari and Anr. .. Petitioners Vs. Housing Development Finance Corporation and Ors. .. Respondents Mr.V.M.Parshurami i/b Mr.Sagar R. Agarkar for the petitioners Ms.Jyoti Ghag i/b M/s.Thakore Jariwalla and Associates for respondent no.1 Mr.N.D.Sharma with Mr.Kiran Kandpile for respondent no.4 CORAM : J. N. Patel & S.C.Dharmadhikari, JJ. DATE : April 29, 2010 P.C. : 1. Heard. 2. The petitioners have filed an appeal under section 17 of the Securitisation and Reconstruction of Financial Asset and Enforcement of Security Interest Act, 2002 before the DRT but the appeal is not entertained for the reason that the petitioner is still in possession of the flat in question which was mortgaged to the respondent bank. The petitioner has challenged the notice 2 to take possession of the secured assets issued by the respondent bank on the ground that the petitioner has purchased the property from Dattatraya Dhondiram Mane i.e. Respondent no.2. As the petitioner is claiming through the principal debtor, he is bound to comply with the notice and this court will not interfere with the matter in exercise of its extraordinary Jurisdiction as laid down by the Supreme Court in the cases of Mardia Chemicals Ltd. Vs. Union of India reported in 2004 (4) SCC 311 and Transcore Vs. Union of India and Anr. reported in 2008 (1) SCC 125. Therefore, we do not find any merits in the petition. Petition is dismissed. (J.N. PATEL, J) (S.C. DHARMADHIKARI, J)