Birendra Singhania v. Kotak Mahindra Bank Ltd.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR WPC No. 1947 of 2018 • Birendra Singhania, S/o Shri Malooram Singhania, Aged About 56 Years 24/186 Tatya Para, Raipur, Chhattisgarh ---- Petitioner

Versus

1. Kotak Mahindra Bank Ltd. 6th Floor, 12 BKC Plot No. 21 G, Block Bandra Kurla Complex, Bandra (East) Mumbai 400051

2. The Collector, District Raipur, Raipur, Collectorate Raipur, Chhattisgarh. ---- Respondent For Petitioner : Shri Satish Agrawal with Shri Manoj Paranjpe, Advocates. For Respondent No.1 : Shri Sanjay Agrawal with Shri Vedant Bhelonde, Advocates on behalf of Shri PR Patankar, Advocate.

For Respondent/State : Smt. Astha Shukla, Panel Lawyer. Hon'ble Shri Justice Prashant Kumar Mishra Order On Board 27/11/2018 :

1. In view of the judgment rendered by the Supreme Court in the matter of M/s Hindon Forge Pvt. Ltd. & Anr. Vs. The State of Uttar Pradesh through District Magistrate Ghaziabad & Another {2018 (14) SCALE 543}, the subject matter of challenge in this writ petition is required to be agitated before the jurisdictional DRT under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002. It is ordered accordingly.

2. Needless to say, it will remain open for all the parties to agitate all questions, both factual and legal before the DRT.

3. The Writ Petition is accordingly disposed of.

4. Interim relief granted earlier shall continue only for a period of 2 weeks from today.

CC today.

Sd/- Judge (Prashant Kumar Mishra) Barve