Bombay High Court
Inayat Abdullah Shaikh And 2 Ors vs Dewan Housing Finance Corporation Ltd on 19 July, 2019
Bench: A.A.Sayed, Prakash D. Naik
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION (L) NO.2122 OF 2019
Inayat Abdullah Shaikh and others Petitioners
versus
Dewan Housing Finance Corpn. Ltd. Respondents
Mr.Jamshed Ansari for Petitioners.
Mr.R.L.Motwani for respondent DHFL.
CORAM : A.A.SAYED AND
PRAKASH D. NAIK, JJ.
DATE : 19th July 2019
PC :
1. The Petitioners have already filed an Appeal before DRAT.
The Chairperson, DRAT, however, is not available at present and is
on leave till 26-9-2019. We are informed that possession of the
secured asset, which is residential premises of the Petitioners, is due
to be taken tomorrow i.e. 20th July 2019.
2. In the facts and circumstances and having regard to the fact
that the Appeal of the Petitioners is pending before DRAT, we pass
following order :
ORDER
(a) In the event the Petitioners handover a demand draft of a sum of Rs.3,50,000/- by 12.00 noon tomorrow to the Respondent-Bank, the Respondent-Bank shall defer taking possession of the secured asset for a period of four weeks;
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(b) The Petitioners would be entitled to seek reliefs before DRAT in the Appeal and the DRAT shall be free to pass orders as it deems appropriate without being influenced by this order;
(c) The Writ Petition is disposed of in the above terms.
(PRAKASH D. NAIK, J.) (A.A.SAYED, J.)
MST
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