1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 218 OF 2010 Swati Rathod D Souza, ’ , ... Petitioner. vs. Hongkong & Shanghai Banking Corporation Ltd., & Anr. ... Respondents. Mr. Nandkumar R. Sawant for the petitioners. Mr. Sanjay Dube with Ms. Kavita Anchan i/by M.V. Kini for the Respondents. CORAM : J. N. PATEL & C.L. PANGARKAR, JJ. DATE : 11TH FEBRUARY, 2010 P.C. : Heard. 2. The petitioner has filed this petition seeking a declaration that the petitioner is entitled to reside at her matrimonial home which has been attached by the respondent Bank for recovering the loan 2 amount for which the husband of the petitioner has mortgaged the flat in question i.e., flat no. 601, Dharti Co-op. Housing Society, Versova, Mumbai 400 061. It is the case of the petitioner that by an order of the Court passed under the Domestic Violence Act, the learned Additional Chief Metropolitan Magistrate, 25th Court, Mazgaon has passed an order protecting the possession of the petitioner by directing the husband restraining him from transferring the residential flat in any manner whatsoever. The said order does not in any manner act as an impediment against the respondent Bank nor the respondent Bank is bound by the said order. 3. In view of the fact that the respondent Bank have initiated steps under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 for recovery of dues for attaching the flat in question which was mortgaged to them, the relief as sought for by the petitioner in this petition cannot be granted. 4. We are informed by the learned counsel appearing for the resondent Bank that the Respondent Bank has already moved the Debt Recovery Tribunal by preferring an appeal. The learned counsel for the petitioner submits that the petitioner is ready to repay the loan amount to the respondent Bank. The petitioner may make such an offer before 3 the D.R.T. or to the respondent Bank. Therefore, we are not inclined to interfere with the impugned order. It will be open for the petitioner to prosecute her appeal before the D.R.T. The petition is dismissed. 5. Authenticated copy of this order be furnished to the parties. ( J. N. PATEL, J.) ( C.L. PANGARKAR, J.)