( 1 ) BY this petition, the petitioner impugns an order passed by the Chief Metropolitan Magistrate, esplanade, Mumbai in C. C. No. 186/misc/2005 on 8. 12. 2005 issuing an order under Section 14 of the Securitisation Act, 2002.

( 2 ) BEFORE the Respondent No. 2 filed an application under Section 14 of the said Act, admittedly they had issued notice under Section 13 (2) of the said Act. Instead of filing representation or objection after receiving notice under Section-13 (2), the petitioner who is a borrower of the bank choose to file Writ Petition in this court being Writ Petition (L) No. 651 of 2005. On 18. 3. 2005, the Division Bench of this court disposed of that writ petition because on behalf of the petitioners in the said petition which included the present petitioner, statement came to be made by the Advocate that he will file an appeal and they should not be dispossessed from the residential flat as they were ready to handover necessary documents handing over the formal possession of the premises concerned. In view of the statemaent, the petition was allowed to be withdrawn with liberty to file appropriate appeal. Inspite of the aforesaid statement, no appeal is filed till

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