1 wpl1707.10.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.1707 OF 2010 Maverick Knits Pvt. Ltd. ...Petitioner Vs. Authorized Officer, Union Bank of India & Ors. ...Respondents. Shri Mathews J. Nedumpara for the Petitioner. Mr. Minesh Amin for Respondent No.1 CORAM : P.B.MAJMUDAR & ANOOP V. MOHTA, JJ. DATE : 26th August, 2010 P.C.:- 1 After hearing the matter for some time, the learned counsel appearing for the Petitioner seeks leave to withdraw the present petition with liberty to take all available points before the DRT but requested that Respondent Bank may not physically evict the Director of the company through whom the Petition is filed i.e. Mr. Ashish Chamria or his family members. 2 wpl1707.10.sxw ssm 2 The learned counsel appearing for the Bank states that for a period of 10 days, the Bank will not take any action or physically evict Mr. Ashish Chamria or his family members, though the bank may take symbolic/ paper possession. 3 Mr. Mathew, the learned counsel appearing for the Petitioner after taking instructions from his client Mr. Ashish Chamria, who is present in the Court, makes a statement that the Petitioner has no objection if any symbolic possession is taken. He further states that his client is giving oral undertaking before this Court that the Petitioner will not object if symbolic possession is taken and in this behalf, he will co-operate with the Bank. Said oral undertaking is accepted. 4 In view of this, the Bank may not take physical possession of the disputed flat in question for 10 days, except symbolic possession of the disputed flat and complete the formalities in this behalf and will also inform the Petitioner accordingly. 5 The learned counsel appearing for the Petitioner states that he is withdrawing the averments made in the Petition and also the allegations levelled against the bank officials. 3 wpl1707.10.sxw ssm 6 The learned counsel appearing for the bank states that the bank will take symbolic possession by tomorrow i.e. on 27/08/2010 between 11.00 a.m. and 3.00 p.m. The Petitioner to remain present and co-operate the bank in this behalf. 7 The Petition is accordingly disposed off with a liberty to the Petitioner to take appropriate proceedings before the DRT after symbolic/ paper possession is obtained by the Bank in connection with the property in question. (ANOOP V. MOHTA, J.) (P.B. MAJMUDAR, J.)