JUDGMENT :

S.G. CHAPALGAONKAR, J.

1. The petitioner, a Multi-State Co-operative Bank approaches this Court under Article 226 of the Constitution of India with the prayers as under :-

(B) By issuing an appropriate writ of mandamus or any other appropriate writ, or order or direction in the like nature, the respondent No.2 be directed to execute the order passed by the respondent No.1 by restituting the possession of the secured asset to the petitioner.

(C) By issuing an appropriate writ or order, it be declared that the respondent Nos. 4 to 8 have violated the mandate of securitization act and the respondent No. 2 need to honour the order passed by the respondent No.1.

2. It is the contention of the petitioner that it is a Multi-State Co-operative Bank registered under the Multi-State Co-operative Societies Act, 2002, and is a ‘Financial Institution’ defined under The Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as ‘the SARFAESI Act’).

3. The respondent No.4/partnership firm through its partners – respondent Nos. 5 and 6 had obtained the financial assistance/loan facility of Rs. 61,95,000/- from the petition