Jawahar Kishinchand Jagiasi v. Dombivali Nagari Sahakari Bank Ltd. Thru Mr. Shrikant Balasaheb Pathare And ORS

503 wp 1819.19.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1819 OF 2019 Jawahar Kishinchand Jagiasi .....Petitioner versus Dombivali Nagari Sahakari Bank Ltd. And ors.

.....Respondents Mr. Navaneetha Krishnan, advocate for the petitioner. Mr. Ashutosh R. Gole, advocate for the respondent No.1. CORAM : RANJIT MORE & SMT. BHARATI H. DANGRE, JJ.

DATE : 7th FEBRUARY, 2019.

P. C. :

Mentioned for production. Upon mentioning, taken up on production board.

2.

The writ petition challenges the order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. In the light of the decision of the Apex Court in Kanaiyalal Lalchand Sachdev and ors. versus State of Maharashtra and ors. (2011) 2 SCC 782, it is clear that the petitioner has an alternative remedy of filing an appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. In our opinion, this remedy is efficacious one and, therefore, we are not inclined to entertain the petition. The writ petition is, accordingly, dismissed.

[SMT. BHARATI H. DANGRE, J.] [RANJIT MORE, J.] Shubhada S Kadam 1/1