Dmt 1 wpl2570-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGNAL CIVIL JURISDICTION WRIT PETITION (L) NO. 2570 OF 2011 Bharat Laxmidas Dattani .. Petitioner. versus Bank of India & Anr. .. Respondents. ..... Mr. Mayur Khandeparkar with Ms. Sapna Rachme i/by T.N. Tripathi & Co. for the Petitioner. Mr. O.A. Das for Respondent No. 1. ...... CORAM : DR.D.Y.CHANDRACHUD & A. A. SAYED, JJ. 01 DECEMBER 2011. P.C. : The Debt Recovery Tribunal has dismissed the miscellaneous application for condonation of delay. Against Dmt 2 wpl2570-11 this order dated 24 August 2011 the Petitioner has filed an appeal before the DRAT in which the hearing has been adjourned. The Tribunal has directed that the Respondents shall not proceed further under the SARFAESI Act till 30 September 2011. The DRAT has not granted any ad interim protection as a consequence of which the Respondent is to take possession of the residential flat tomorrow. 2. Learned Counsel appearing on behalf of the Petitioner has prayed for extension of the ad-interim protection till the present case comes up before the DRAT on 8 December 2011. Learned Counsel appearing on behalf of the Bank has opposed this request contending that the impugned order was passed by the Tribunal on 24 August 2011. Moreover, it has been stated that there is a finding of fact that the Petitioner has produced fabricated medical records in support of the application for condonation. Since the Petitioner is to be dispossessed from a residential flat, we are inclined at this stage to grant ad-interim protection until the DRAT takes up Dmt 3 wpl2570-11 the appeal on 8 December 2011. At the same time, having regard to the discipline mandated by Section 18 of the Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002, we are of the view that the ends of justice would warrant that an order of deposit should be passed. Accordingly, we direct that conditional on the Petitioner depositing an amount of Rs. 12 lakhs before the DRAT on or before 5 December 2011, the Respondent shall not take forcible steps to take over the secured asset until the DRAT take up the appeal for hearing on 8 December 2011. Learned Counsel appearing on behalf of the Petitioner has, on instructions from the Petitioner, who is present in Court, stated that the Petitioner is ready and willing to make this deposit and will do so by 5 December 2011. In the event the Petitioner fails to make deposit in terms stipulated above, the 1st Respondent shall be at liberty to take further steps in accordance with law. 3. We clarify that this direction for the deposit of an Dmt 4 wpl2570-11 amount of Rs. 12 lakhs is only with a view to grant protection to the Petitioner until the DRAT takes up the matter on 8 December 2011. The DRAT shall consider the application for waiver of pre-deposit under Section 18 if made and pass its own order on merits uninfluenced by these directions. We further clarify that we have entertained this petition on the basis that though the Petitioner has moved the DRAT for early circulation of the appeal, the DRAT has declined to do so and has adjourned the matter to 8 December 2011 simplicitor without interim relief in the meantime. 4. The Petition is accordingly disposed of. 5. All the rights and contentions of the parties are kept open. (Dr. D.Y. Chandrachud, J.) (A. A. Sayed, J.) Dmt 5 wpl2570-11