PNP 1 WPL2547-15.11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGNAL CIVIL JURISDICTION WRIT PETITION (LODG.) NO.2547 OF 2010 Varsha Anil Rajadhyaksha ..Petitioner versus State Bank Of India & Ors. ..Respondents. ..... Mr. Rajneesh Agarwal with Mr. Meghanath Narlani i/b Dineshkumar A. Dubey for the Petitioner. Ms. Kavita Anchan with Mr. D. Das for Respondents 1 and 2. ..... CORAM : DR.D.Y.CHANDRACHUD & ANOOP V. MOHTA , JJ. 15 November 2010. P.C. : The Petitioner is aggrieved by an order dated 8 October 2010 passed by the Chief Metropolitan Magistrate on an application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002. In view of the judgment of a Division Bench of this Court in M/s. Trade Well v. Indian Bank (Criminal Writ Petition 2767 of 2006 decided on 2 April 2007) of which one of us, Hon ble Mr. Justice Anoop V. Mohta, was a ’ member, this Petition will have to be disposed of by relegating the Petitioner to the remedy available before the Debt Recovery Tribunal. In the circumstances, the following order is passed :- PNP 2 WPL2547-15.11 i) In pursuance of the notice issued by the Assistant Registrar of the Court of Metropolitan Magistrate (Exhibit G), only symbolic possession of the premises comprised of shops Nos. 1 and 2, Dholakia Apartment, Mahakali Caves Road, Andheri (East), Mumbai 400 093 shall be taken; ii) Upon taking a measure in the aforesaid terms, the Petitioner would be at liberty to espouse her remedy before the DRT. In the event that the Petitioner fails to do so within a period of four weeks from the date on which symbolic possession is taken, the Respondents shall be at liberty to take further steps in accordance with law; iii) The DRT would be at liberty to pass further orders on the Petitioner adopting the remedy as stated in (ii) above; and iv) The Petitioners shall in the meantime not create any third party rights in or sell, alienate or part with the possession of the secured assets. All the rights and contentions of the parties on merits are kept open to be urged before the Tribunal. The Petition is accordingly disposed of. (Dr. D.Y. Chandrachud, J.) (Anoop V. Mohta, J.)