Navinchandra Gandesh Hotkar And ANR v. Kns Bank Ltd (The Kurla Nagrik Sahakari Bank Ltd) And ANR

TRUPTI SADANAND BAMNE Trupti 11-wp-360-2023.doc by TRUPTI SADANAND BAMNE Date: 2023.01.18 17:40:15 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 360 OF 2023 Mr.Navinchandra Ganesh Hotkar & Anr.

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Petitioners vs.

KNS Bank Ltd. (The Kurla Nagrik Sahakari Bank Ltd.) & Anr.

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Respondents ......

Mr.Akshay R. Kapadnis for the Petitioners.

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CORAM : NITIN JAMDAR & ABHAY AHUJA, JJ.

DATE : 17 JANUARY 2023 P.C. :- After being reminded of the settled position of law that a remedy of the borrower to challenge the action taken by the secured creditor under the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 lies to the Debt Recovery Tribunal, the learned Counsel for the Petitioners seeks leave to withdraw the petition to challenge the said action in Debt Recovery Tribunal. Keeping all contentions of the parties open, we dispose of the writ petition.

2.

The writ petition is accordingly disposed of. ABHAY AHUJA, J.

NITIN JAMDAR, J.

Trupti 11-wp-360-2023.doc