-: 1 :- IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION APPEAL (L) NO.517 OF 2008 In NOTICE OF MOTION NO. OF 2008 In SUIT (LODGING) NO.2734 OF 2008 Bharati Shailesh Gupte : Appellant (Orig.Plaintiff) V/s. Bank of Baroda & Ors. : Respondents ... Mr.Kishor V. Tembe for the appellant. Mr.Jayesh Patel for respondent no.1. Mr.D.S.Mahamuni for respondent nos.3 & 4. ... CORAM : S.A.BOBDE & S.J.KATHAWALLA,JJ. DATE : OCTOBER 10, 2008. P.C. Admit. The learned counsel for the respective respondents waive service. Heard by consent. 2. After hearing the matter for sometime, the following order is passed by consent. -: 2 :- The respondent-Bank shall take only symbolic possession of the property. On that basis, the appellant shall file an appeal under the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. The fate of the property shall abide by the decision in those proceedings. 3. Appeal is disposed of. S.A. BOBDE, J. S.J. KATHAWALLA, J.