1 WP 1712 of 2010 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.1712 OF 2010 Minhazuddin Munshi and Anr. ..... Petitioners V/s. Indian Overseas Bank and Ors. ..... Respondents Mr.Pramit Ray a/w Mr.Nilesh Tated i/by Mr.Manoj Jaiswal, for the petitioners. Mr.Uttamchand i/by M/s.Consulta Juris, for respondent Nos.1 and 2. CORAM :P.B.MAJMUDAR & ANOOP V. MOHTA, JJ. DATE : 06TH SEPTEMBER, 2010 P.C. 1. Heard the learned counsel for the petitioners and the learned counsel for respondent Nos.1 and 2. 2. Considering the reasoning of the Debt Recovery Appellate Tribunal, in our view, this is not a case in which this Court would like to exercise its extra-ordinary jurisdiction under Article 227 of the Constitution of India, as the Appellate Tribunal has rightly held that the status of the present petitioners cannot be adjudicated by the Tribunal and it is for the petitioners to approach the appropriate forum under the Rent Act, in order to establish their tenancy rights in the disputed premises. The auction is held on the basis of “As is where is basis” and the auction purchaser is required to accept the same as per the conditions prevailing at 2 WP 1712 of 2010 the time of auction. If the petitioner has got any right, title and interest in the disputed property, it will be open to the petitioner to approach the appropriate forum regarding his tenancy rights. The petitioners are permitted to adopt necessary proceedings in this behalf, as observed by the Tribunal. 3. We accordingly do not find any substance in the petition, as it is held that the auction is held on “as is where is basis”. Subject to the aforesaid liberty to the petitioner, the petition is rejected. No cost. ( ANOOP V. MOHTA, J. ) ( P.B.MAJMUDAR, J. )