vss IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.2757 OF 2006 WRIT PETITION (L) NO.2757 OF 2006 WRIT PETITION (L) NO.2757 OF 2006 M/s.Anushool Metals Pvt. Ltd. ... Petitioner V/s. Parivartan Co-operative Bank Ltd. & Ors. ... Respondents Mr.C.J. Sawant a/w Mr.A.S. Desai for Petitioner Mrs.Paritosh Jaiswal a/w Mr.S.R. Jaiswal for Respondent Nos.1 and 2 CORAM: R.M. LODHA & R.M. LODHA & R.M. LODHA & SMT.NISHITA SMT.NISHITA SMT.NISHITA MHATRE, JJ. MHATRE, JJ. MHATRE, JJ. DATED: JANUARY 15, 2007 JANUARY 15, 2007 JANUARY 15, 2007 P.C.: P.C.: P.C.: . After arguing the Writ Petition for some time, consensus emerged between the Senior Counsel for the Petitioner and the Counsel for Respondent Nos.1 and 2 for disposal of this Petition by the following order in the light of the judgments of the Supreme Court in the cases of Mardia Chemicals Ltd. & Ors. v/s. Union of India, 2004(2) Mh.L.J. 1090 2004(2) Mh.L.J. 1090 2004(2) Mh.L.J. 1090 and M/s.Transcore v/s. Union of India & Anr. (Civil Appeal No.3228 of 2006 (Civil Appeal No.3228 of 2006 (Civil Appeal No.3228 of 2006 dated 29.11.2006) dated 29.11.2006) dated 29.11.2006):- (i) That the Petitioner shall be at liberty to pursue its remedy under section 17 of the Securitisation and Reconstruction of : 2 : Financial Assets and Enforcement of Security Interest Act, 2002 in respect of the measures taken by Respondent No.1 against the Petitioner under section 13(4) of the aforesaid Act. (ii) For a period of one month the operation of the impugned order dated 25.9.2006 shall remain stayed and notice dated 6.11.2006 shall not be enforced. (iii) It will be for the Petitioner to make out case for condonation of delay, if necessary, before the Debt Recovery Tribunal. (iv) All contentions of the parties are kept open to be agitated in the proceedings under section 17 before the Debt Recovery Tribunal. 2. Writ Petition is disposed of accordingly. (R.M. Lodha, J.) : 3 : (Nishita Mhatre, J.)