1 3211.10.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3211 OF 2010 Tukaram Jaywant Chavan & Ors. ...Petitioners Versus The Mahanagar Co-op.Bank Ltd. & Anr. ...Respondents ...... Mr.Rajesh Parab for Petitioners. Mr.B.G.Vaidya for Respondent No.1. Mr.K.V.Saste, A.P.P. for Respondent No.2. ...... CORAM:- A.M.KHANWILKAR AND A.P.BHANGALE, JJ. DATED:- DECEMBER 8, 2010. P.C. 1. The grievance of the Petitioners is that although the Respondent No.1 Bank is party to the Appeal pending in this Court, has precipitated the action by invoking provisions of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 in relation to the property possessed by the Petitioners who incidentally is one of the Respondent in the pending appeal. The fact that such Appeal is pending, is of no consequence. Unless there is some interim order passed by the Court of competent jurisdiction protecting the possession of the Petitioners in respect of the disputed property; it is open to the Bank to invoke the provisions of Securitization Act. 2 3211.10.sxw 2. In our opinion, the Petition is devoid of merits. The same is dismissed. (A.P.BHANGALE, J.) (A.M.KHANWILKAR, J.)