PNP 1 WP10060-23.12.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10060 OF 2010 M/s. Yash Enterprises and another ..Petitioners. versus India SME Assets Reconstruction Company Ltd. and another ..Respondents. ..... Mr. Mukesh J. Pabari for the Petitioners. Mr. Sanjiv Punalekar i/b Janhavi Lanjekar i/b PRS Legal for the Respondents. ...... CORAM : DR.D.Y.CHANDRACHUD & ANOOP V. MOHTA , JJ. 23 December 2010. P.C. : The Petitioner had moved the Debts Recovery Tribunal aggrieved by the action of the Small Industries Development Bank of India under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002. In proceedings before the Debts Recovery Appellate Tribunal the Petitioner was called upon to deposit an amount of Rs.35 lacs as pre-deposit to entertain the appeal. Upon failure of the Petitioner to effect deposit, the appeal was dismissed. In a petition under Article 226 of the Constitution, a Division Bench of this Court in its order dated 19 March 2010 held that there was no merit in the petition but, at the same time on the request of the Petitioner an indulgence was granted to effect payment of the dues within a period of four weeks failing PNP 2 WP10060-23.12.sxw which it was observed that the bank may take steps against the secured assets in accordance with law. The Petitioner failed to comply with its statement made before the Division Bench but, took out a Civil Application for extension of time. The Civil Application was dismissed on 19 April 2010. The Respondent which is an assignee from the Bank of the debt has since sought to enforce the order passed by the Chief Metropolitan Magistrate under Section 14(1) of the Act. Having regard to the background which we have noted earlier, this Petition is thoroughly misconceived. The Petitioner had moved this Court on an earlier occasion at which stage no merit was found in the grievance of the Petitioner. These proceedings are clearly not maintainable. The Petition is accordingly dismissed. (Dr. D.Y. Chandrachud, J.) (Anoop V. Mohta, J.)