[ 1 ] IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.2171 OF 2008 M/s. Jawala Micro Devices Pvt.Ltd. ...Petitioner. and ors. Vs. Axis Bank Ltd. & Anr. ...Respondents Mr. Rajiv Bhatia i/b. Apex Consillis for the petitioner. Mr. Shukla i/b. Shuila & Shukla for repondent NO.1. Mr. H.K.Vardhan for respondent No.2-UOI. CORAM CORAM CORAM : P.B.Majmudar and : P.B.Majmudar and : P.B.Majmudar and A.A.Sayed, A.A.Sayed, A.A.Sayed, JJ. JJ. JJ. DATE DATE DATE : September 25, 2008. : September 25, 2008. : September 25, 2008. P.C. 1. Initially the learned Counsel for the petitioner has suggested that the petitioner is willing to give stocks of 65 lac to the respondents-Bank in connection with the dues payable to the Bank. However, the learned Counsel appearing for the Bank submitted that on verification of the valuation of the stock, it revealed that the valuation made by the petitioner is not correct. Since the dispute is regarding the valuation of the stocks, in our view it is not necessary to go into that disputed question of fact in writ jurisdiction. 2. At this stage, considering the aforesaid aspect [ 2 ] of the matter,as the learned Counsel appearing for the respondent Bank submitted that the Bank should be allowed to take symbolic paper possession of the property in question within two weeks from the date of this order to which the learned Counsel for the petitioner has no objection. 3. Considering the facts and circumstances we permit the respondent-Bank to take symbolic paper possession of the property in question forthwith. The petitioner may raise the grievance, if any, in regard to the valuation of the stocks before the D.R.T. The D.R.T. to consider the same in accordance with law. It is clarified that if there is no any issue raised by the petitioner before the DRT and no any orders are passed by the DRT, it would be open for the respondent- Bank to take action for taking physical possession of the property in question in accordance with law. 4. We have not dealt with the matter on merits and the disputed question can be decided by the DRT in accordance with law. [ 3 ] 5. Subject to what is stated above, the petition stands disposed of. [P.B.Majmudar, [P.B.Majmudar, [P.B.Majmudar, J.] J.] J.] [A.A.Sayed, [A.A.Sayed, [A.A.Sayed, J.] J.] J.]