1 wp8700.10.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8700 OF 2010 Shri Vijay Baburao Sonawane & Anr. ...Petitioners. Vs. The HDFC Limited & Anr. ...Respondents. Mr. R.D. Motkari for the Petitioners. Mr. Amir Aarsiwala i/by M/s. Thakore Jariwala & Associates for the Respondents. CORAM : P.B.MAJMUDAR & ANOOP V. MOHTA, JJ. DATE : 28th October, 2010. P.C.:- Leave to correct the cause title by describing Respondent’s name properly is granted. Amendment be carried out forthwith. 2 Since the Petitioner has alternative remedy by approaching the DRT, this petition is not required to be entertained. It will be open to the Petitioner to approach before the DRT against the alleged action of the Respondent-Bank. In the meanwhile, it will be open to the Respondent Bank to take formal possession of the premises in question. After taking formal possession, the bank shall not take physical possession for a period of two weeks from taking formal possession, so that in the meanwhile, the Petitioner can approach the DRT. The Petitioner to co-operate with the 2 wp8700.10.sxw ssm Respondent Bank at the time of taking formal possession and will not create any nuisance in this behalf. 3 Subject to what is stated above, the Petition is disposed of. No costs. (ANOOP V. MOHTA, J.) (P.B. MAJMUDAR, J.)