1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLETE JURISDICTION REVIEW PETITION NO.1 OF 2008 IN WRIT PETITION NO.7854 OF 2007 Ashok Namdeo Kamble .. Petitioner Vs. Housing Development Finance Corporation Ltd. & Anr. .. Respondents Mr.R.V.Bansode for the petitioner Mr.H.N.Thakore with Ms.Agnes Baradia i/b Thakore Jariwala & Associates for the respondents CORAM : J.N.PATEL CORAM : J.N.PATEL CORAM : J.N.PATEL & & & A.A.SAYED, JJ. A.A.SAYED, JJ. A.A.SAYED, JJ. DATED : 1ST FEBRUARY, 2008 DATED : 1ST FEBRUARY, 2008 DATED : 1ST FEBRUARY, 2008 (IN CHAMBER AT 2.35 P.M.) (IN CHAMBER AT 2.35 P.M.) (IN CHAMBER AT 2.35 P.M.) P.C.: 1. The issue which has been raised in the review is that as the property has not been mortgaged to the respondent bank, the question of their initiating the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2 2002 is not proper and, therefore, the whole proceedings stands vitiated. 2. The learned counsel for the respondent submits that the property is mortgaged with the bank and, therefore, they are entitled to initiate the proceedings. 3. This issue can be very well examined in the appeal before the DRT. 4. In the facts and circumstances, we do not find any apparent error on the face of the record to review our order. Hence, application is rejected. ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( J.N. PATEL, J ) ( A.A. SAYED, J ) ( A.A. SAYED, J ) ( A.A. SAYED, J )