Maruti Civil Works And ORS v. State Of Maharashtra Thr Government Pleader And ORS

1 16 wp 5608-22-c IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5608 OF 2022 Maruti Civil Works and ors.

... Petitioners V/s.

State of Maharashtra and ors.

... Respondents --- Mr.V.N.Ajitkumar, Advocate for the Petitioners. Ms.Shruti D. Vyas, "B" Panel Counsel for the State. --- CORAM : NITIN JAMDAR AND ABHAY AHUJA, JJ.

DATE : 2 MARCH 2023.

P.C.:- 1.

The Petitioners have challenged the order passed by the Debt Recovery Tribunal ("DRT" for short) dated 30 September 2021 and 25 November 2021.

2.

The Petitioners have the remedy of filing an appeal to Debt Recovery Appellate Tribunal ("DRAT" for short) instead the Petitioners have filed this petition directly in this court on 31 December 2021 which is pending since then without being circulated. Priya Soparkar Digitally signed by PRIYA RAJESH SOPARKAR Date:

2023.03.06 14:49:37 +0530 PRIYA RAJESH SOPARKAR

2 16 wp 5608-22-c 3.

The learned counsel for the Petitioners states that when the petition was filed, the DRAT was not functioning. Now DRAT is functioning and the main proceedings are pending before the DRT. The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 being a complete code containing all the remedies, it is not necessary to interfere in the writ jurisdiction.

4.

Keeping all contentions of the parties open, writ petition is disposed of.

(ABHAY AHUJA, J.) (NITIN JAMDAR, J.) ....

Priya Soparkar