1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 2580 of 2009 Ketan Ratilal Sanghavi & anr. ...Petitioners v/s. The Mahanagar Co-operative Bank Ltd. & 4 ors. ...Respondents Mr. V.R. Dhond a/w. Sapna Rachure i/b. T.N. Tripathi & co. for the petitioner. Mr. B.G. Vaidya for respondent no.1. Mr. D.A. Nalawade-GP for respondent no.5. Mr. H.V. Mehta a/w. D.A. Dube for respondent no.4. CORAM:- A.M.KHANWILKAR AND A.P. DESHPANDE, JJ. DATED:- December 19, 2009. P.C. Heard Counsel for the parties. 2. Counsel for the Petitioners on instructions submits that in the light of order passed by the Assistant Registrar, Kurla Center of Courts, Mumbai dated 1st December, 2009, the Petitioners would offer formal/symbolic possession of the Respondent Bank forthwith. 2 2. Counsel for the Respondent Bank on instructions states that the Bank has no difficulty in taking formal/symbolic possession of the property in question. That formality will be completed in the course of the day. 3. In view of the above, Counsel for the Petitioners submits that in that case the Petitioners may now take recourse to remedy under Section 17 of the Act and pursue the same on its own merits in accordance with law. Accordingly, this Petition is disposed of with clear understanding that the Respondent Bank shall not take physical possession of the property in question for a period of two weeks from today to enable the Petitioners to approach the Tribunal for appropriate relief as may be advised which will have to be considered on its own merits in accordance with law. All questions in that behalf are left open. The Tribunal may dispose of those proceedings expeditiously. 4. Petition disposed of on the above terms. A.P.DESHPANDE, J A.M.KHANWILKAR, J