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BOMBAY HIGH COURT
A.A. Sayed, Riyaz I. Chagla, JJ
Dr. Jayashree Dwarkadas Divecha – Appellant
Versus
State Bank of India – Respondent


Advocates:
For the Appellants/Petitioners: Dr. Abhinav Chandrachud, Ms. Zahabiya Kanthawala
For the Respondents: Ms. Fatima Lakdawala - Kadri, Mr. S.S. Shukla, Mr. Sukanta Karmakar

ORDER:

1 This Petition filed under Article 226 of the Constitution impugns the order dated 11 December 2018 passed by the DRAT dismissing the Appeal of the Petitioner thereby confirming the order dated 27 December 2017 of the DRT in the Securitisation Application No.325 of 2017 filed by the Petitioner seeking to set aside the order dated 22 May 2017 passed by the Chief Metropolitan Magistrate and restoration of the premises in question.

2 The Petitioner who is a senior citizen and a doctor by qualification, claims to be tenant in respect of premises bearing No.168 having a built up area of about 140 square feet, on the ground floor, Fanaswadi, S.No.1/329, CTS No.2030 of Bhuleshwar Division, Fanaswadi Lane of Thakurdwar Road, Girgaon, Mumbai 400 022 (hereinafter referred to as ‘the said premises’).

3 Respondent No.2 is a Company of which Respondent Nos.3 and 4 are Directors. Respondent No.1 Bank had advanced financial facilities to the tune of Rs.3.50 Crores to Respondent No.2. Respondent Nos.5 to 7 are the guarantors. Respondent No.7 is also the Petitioner's landlord and owner of the building in which the said premises are situate. Pursuant to the action taken by the Respondent No.1 B

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