Minal T Kamble v. Piramal Capital And Housing Finance Ltd And ANR

SMITA JOHNSON GONSALVES SMITA JOHNSON GONSALVES Date: 2023.01.25 17:07:01 +0530 sg 1/2 51.wp266-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.266 OF 2023 Minal T. Kamble ..

Petitioner v/s.

Piramal Capital And Housing Finance Ltd. And Anr.

..

Respondents ....

Ms. Minal Kamble, Petitioner present in person. Mr. Shadab, a/w. Mr. Aditya Vyas, Authorised Representative, i/b. R.L. Motwani, for the Respondent.

Mr. Arfan Sait, APP, for State.

....

CORAM: R.G. AVACHAT, J.

DATE : 23 JANUARY 2023.

P.C:- Heard.

2.

The challenge herein is to the notice issued under Section 14 the Securitisation And Reconstruction of Financial Assets And Enforcement of Security Interest Act, 2002 (SARFAESI Act). Learned Advocate for the Respondent states that the order of issuance of notice under Section 14 is a ministerial act. The same shall have no challenge on judicial side. Since the Petitioner appears in person and being a

sg 2/2 51.wp266-23.doc woman, this Court had granted interim relief last time. Since the Petitioner has remedy before the Debt Recovery Tribunal, this petition stands disposed of with liberty to the Petitioner to approach the appropriate forum. The Petitioner appear to have deposited a sum of Rs.20,00,000/-.

3.

In view of the above, the petition stands disposed of. Interim relief granted on 7 January 2023 to continue till next three weeks only.

(R.G. AVACHAT, J.)