WP 11113/10 1 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE, BENCH AT AURANGABAD WRIT PETITION NO.11113/2010 Chandrakant Jayram Sarode V/s District Collector, Jalgaon & others. _______________________________________________________ Office Notes, Office | Memoranda of Coram, | Court's or Judge's orders appearances, Court's | orders or directions | and Registrar's orders | Shri P.N. Kutti, Advocate for petitioner. Smt.V.A. Shinde, AGP for respondent nos.1 & 2. Shri Vikas S. Tanwade, Advocate h/f Shri Umesh Shete, Advocate for respondent no.3. Shri L.D. Vakil, Advocate for respondent no.4. CORAM: D.B. BHOSALE & S.B. DESHMUKH, JJ. Date: 17.06.2011 Heard learned counsel for the parties. The petitioner in the present writ petition is seeking the following relief: “(B) Issue writ of certiorari or any other appropriate writ or direction and be pleased WP 11113/10 2 to quash and set aside the impugned communication received on 04/12/2010 i.e. “Exhibit – C”.” The learned counsel for the petitioner fairly submits that this petition is not maintainable under Article 226 of the Constitution of India. However, he invited our attention to the order dated 9.12.2010 passed by this Court, which reads thus: “[1] The learned counsel appearing for the petitioner makes a categorical statement that the petitioner is willing to repay the entire loan of respondent no.3, within a period of three months from today. It is further submitted that the house, in question, is only dwelling house of the petitioner. [2] In that view of the matter, issue notice to the respondents, returnable six weeks i.e. 20th January, 2011. [3] The learned Assistant Government Pleader accepts notice on behalf of respondent nos.1 and 2. WP 11113/10 3 [4] Ad interim relief in terms of prayer clause “C”.” He then submits that the petitioner could not deposit the amount within three months, as recorded in the order dated 9.12.2010. He seeks further 12 weeks time to make the payment by way of last chance. He submits that if the petitioner does not make the payment of the due amount within a period of three months from today, he will not have any objection for the respondent no. 4 to take possession of his dwelling house. His statement is recorded and accepted. In view of the statement made by learned counsel for the petitioner, the learned counsel for the respondents have not opposed extension of time as prayed for. In the circumstances, we dispose of this petition by the following order : The petitioner is allowed to repay the entire loan to respondent no.4, which according to respondent no.4 is Rs. 3,03,811/-, within a period of 12 weeks from WP 11113/10 4 today, failing which it will be open to respondent no.4 to take possession of the dwelling house of the petitioner as per the order under the provisions of Section 14 of the Securatisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The ad interim relief granted vide order dated 9.12.2010 shall remain operative for a period of 12 weeks from today and if the amount of loan is not paid as afore-stated, it shall automatically stand vacated. It is made clear to the petitioner that no extension for repayment of the loan amount will be granted on any ground whatsoever. It is open to the petitioner to pay the entire amount in installments within a period of three months. However, it is made clear that if the entire amount is not paid within three months, it will be open to respondent no.4 to take possession of the dwelling house, as afore- stated. With these observations, the writ WP 11113/10 5 petition is disposed of. Civil Application No.4432/2011 is disposed of. (S.B. Deshmukh, J.) (D.B. Bhosale, J.) Dt/- 17.06.2011 ndk/c1761112