:1: FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE DISTRICT : APPEAL FROM ORDER NO.992 OF 2008 WITH CIVIL APPLICATION NO.1208 OF 2008 --------------------------------------------------------------------- Office Notes, Office Memoranda Court’s or Judge’s of Coram, appearances, Court’s orders orders or directions and Registrar’s orders --------------------------------------------------------------------- Mr.P.B.Shah with Mr.A.B.Avad for the Appellants. None for the Respondents. CORAM : S.J.VAZIFDAR, J. DATED : 30TH SEPTEMBER, 2008 P.C : P.C : P.C : I am not inclined to interfere with the impugned order. The learned Judge has rightly observed that this suit is not maintainable as the Appellants had a remedy under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The case does not fall within the exception carved out in the judgment of the Supreme Court in Mardia Chemicals Ltd. etc. v Union of India & Ors., AIR 2004, Supreme :2: Court, 2371. (2004) Supreme Court, 2371. 2. The only indulgence I am inclined to grant the Appellants is two weeks time to approach the appropriate foram. 3. The Respondents shall be entitled to take all steps under the Securitisation Act except finalising the sale of the secured assets. This restriction is only for a period of two weeks from today. 4. It is made expressly clear that this order is passed merely as a matter of indulgence and ought not to be construed as a ground for continuing the stay. Any application for stay shall be considered on its own merits without being influenced by the indulgence shown by this order. 5. Mr.Shah fairly informed the Court :3: that there was a caveat. However, considering the nature of the order I intended passing, I did not consider it necessary to adjourn the matter. 6. The Appeal from Order stands disposed of accordingly. Nothing therefore survives in the Civil Application which also stands disposed of. ***