IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION APPEAL FROM ORDER NO.477 OF 2006 IN B.C.C.C. S.C.Suit No.1158 of 2006 WITH CIVIL APPLICATION NO.632 OF 2006 Mohammed Siddique Alimohamed Mitha ...Appellant Versus The Shamrao Vithal Co-op.Bank Ltd. & Ors. ...Respondents ...... Mr.M.A.Kazi for Appellant. Mr.V.P.Sawant for Respondents. ...... CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. CORAM: A.M.KHANWILKAR, J. JULY 19, 2006. JULY 19, 2006. JULY 19, 2006. P.C. P.C. P.C. 1. Heard Counsel for the parties. 2. Having regard to the expansive provision contained in Section 34 of the Securitisation Act regarding the bar to entertain proceedings before : 2 : the Civil Court, no fault can be found with the view taken by the Court below that the Appellan/Plaintiff will have to present his claim before the concerned Debt Recovery Tribunal. On this finding, the Trial Court has returned the plaint to the Plaintiff for being presented to the appropriate forum on or before 3rd July 2006. 3. The Appeal is devoid of merits. Same is dismissed. Appellant is granted 10 days time from today to present proceedings before the appropriate forum, if so advised. 4. Parties to maintain status-quo as of today with regard to the suit property for a period of ten days from today. A.M.KHANWILKAR, J.