Shri. Sanjay Shivling Wagholikar v. The Collector, Pune And ORS

17-WP-1502-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 1502 OF 2023 Shri. Sanjay Shivling Wagholikar )...Petitioner V/s.

The Collector, Pune and Others )...Respondents Mr. Makarand Kale i/b. Mr. Sukumar Ghanavat, Advocate for the Petitioner.

Mrs. Shruti D. Vyas "B" Panel Counsel for Respondent-State. CORAM : NITIN JAMDAR AND ABHAY AHUJA, JJ.

DATE : 6 FEBRUARY 2023 P.C.

Inspite of the law laid down repeatedly by the Hon' ble Supreme Court that the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) is a complete code and inspite of the fact that Petitioner has remedy to approach the Debt Recovery Tribunal, yet this Petition is filed disregarding the legal AVK 1/2 ARTI VILAS KHATATE ARTI VILAS KHATATE Date: 2023.02.06 19:31:52 +0530

17-WP-1502-2023.doc position. Since the Petitioner has remedy to approach the Debt Recovery Tribunal, keeping all the contentions open, we dispose of the Writ Petition. It is out of indulgence that we have not imposed costs.

(ABHAY AHUJA, J.) (NITIN JAMDAR, J.) AVK 2/2