1 wp-6935-10.sxw dgm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 6935 OF 2010 Shri Ambu Hasha Shinde & anr. .... Petitioners vs The State of Maharashtra & ors. .... Respondents Mr. M. R. Jhakde for the petitioners. None for respondents. CORAM: P. B. MAJMUDAR, & ANOOP V. MOHTA, JJ. DATE : 7th October, 2010 P.C.: By way of this petition, the petitioners have prayed as under: “(b) That this Honourable Court be pleased to issue the writ of Mandamus or directions to the answering Respondent Financial Institution not to take any coercive action against the petitioners as well as the guarantors in pursuant to the loan account in default in pursuant to the Original Application bearing No.37 of 2003 adjudicated by the Ld. Debt Recovery Tribunal-III at Mumbai and issuance of Recovery Certificate in favour of the answering Respondent Financial Institution by name Bank of India having its branch at Khalapur, Tal. Khalapur, Dist.Raigad. (c) That this Hon’ble Court be pleased to issue Writ of Mandamus or directions or Writ of Certiorari thereby with a necessary directions to the answering Financial Institution by name Bank of India having its branch at Khalapur, Tal. Khalapur, Dist. Raigad not to execute the order passed by the Ld. Debt Recovery Tribunal-III at Mumbai in pursuant to Original Application No.37 of 2003 and recovery proceedings thereon in pursuant to the Recovery Certificate bearing No.327 of 2009 against the present petitioners as well as their guarantors.” 2 wp-6935-10.sxw 2 The petitioners are unable to make out any case for granting the above prayers. If the petitioners have any substantive right in any manner, they can take out an appropriate proceeding in accordance with law. Such prayers cannot be considered in a petition under Article 226 of the Constitution of India. Hence, the petition is rejected. No costs. (ANOOP V. MOHTA, J.) ( P. B. MAJMUDAR, J.)