*1* IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8705/2009 Anil Shivnarayan Vaidya. ..Petitioner -VERSUS- The Cosmos Co-operative Bank Ltd.. ..Respondent ............... Mr.N.P .Deshpande, Advocate for the Petitioner . ............... CORAM: A.P. DESHPANDE, J. Dated 26th November, 2009. PC:- 1 In a pending suit, the Petitioner/ Plaintiff moved an application for amendment of the plaint under Order-6 Rule-17 of the Civil Procedure Code. The Respondent/Defendant Bank obtained the recovery certificate under Section 101 of the Maharashtra Co-operative Societies Act, 1960 and executed the same. The Respondent Bank has sold the mortgaged property by taking recourse to provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short “Securitisation Act”). Hence, aggrieved thereby the Petitioner approached the Debts Recovery Tribunal, however, for non removal of office objection, the application was rejected. Thereafter, the Petitioner has chosen to file an amendment application in the suit before the Civil Court. 2 Having regard to the law laid down by the Supreme *2* Court in case of Mardia Chemicals Ltd. vs. Union of India and others, (JT 2004(4) SC 308), it is settled position that no action under the Securitisation Act can be challenged before the Civil Court. As the proposed amendment was outside the jurisdiction of the Civil Court, the same has been rightly rejected by the Trial Court. No interference is called for in the impugned order. Writ Petition is summarily dismissed. (A.P. Deshpande, J)