1 3634.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.3634 OF 2010 Mr.Shantilal Amritlal Vora & Ors. ...Petitioners Versus HDFC Bank Ltd. & Ors. ...Respondents ...... Mr.R.V.Sankpal for Petitioners. Mr.Vijay Venkatraman, Authorised Officer of HDFC Bank Ltd. is present. Mr.J.P.Yagnik, A.P.P. for Respondent/State. ...... CORAM:- A.M.KHANWILKAR AND A.P.BHANGALE, JJ. DATED:- DECEMBER 21, 2010. P.C. 1. Not on Board. Upon mentioning, taken on Board. 2. This Petition takes exception to the Judgment and Order passed by the Chief Metropolitan Magistrate, Esplanade, Mumbai dated 28th October, 2010 in Case No.231/M/2010. The said order has been passed on the basis of application moved by the Respondent Bank under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities 2 3634.10 Interest Act, 2002. The grievance raised in this Petition can be justly addressed in the proceedings to be resorted to by the Petitioners before the Debts Recovery Tribunal in the event the Respondent Bank were to take possession of the property in question. 3. In the circumstances, we dispose of this Petition with liberty to the Respondent No.1 Bank in the first instance to take symbolic possession of the disputed premises as expeditiously as possible. Whereafter, the Petitioners would be free to take recourse to remedies before the Debts Recovery Tribunal. The Petitioners shall resort to those proceedings within ten days from the date the Respondent No.1 Bank takes symbolic possession of the disputed premises under intimation to the Petitioners in that behalf. We make it clear that all questions raised by the Ptitioners are kept open to be agitated in the proceedings before the Debts Recovery Tribunal. Petition disposed of accordingly. A.P.BHANGALE, J. A.M.KHANWILKAR, J.