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Bombay High CourtWP/2134/2023disposed off

Phoenix Arc Pvt. Ltd .Thr Its Authorised Officer v. State Of Maharashtra Thr Government Pleader And ORS

2023-02-22Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice Abhay Ahuja2 pages

1 11,12 and 13 wp 2134-23 and ors-c IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2134 OF 2023 Phoenix ARC Private Limited ... Petitioner V/s.

State of Maharashtra and ors.

... Respondents WITH WRIT PETITION NO.2135 OF 2023 AND WRIT PETITION NO.2144 OF 2023 Kotak Mahindra Bank Limited ... Petitioner V/s.

State of Maharashtra and ors.

... Respondents --- Mr.Sanjay Anabhawande, Advocate for the Petitioners in all petitions. Ms.S.D.Vyas, "B" Panel Counsel for the State in all petitions. --- CORAM : NITIN JAMDAR AND ABHAY AHUJA, JJ.

DATE : 22 FEBRUARY 2023.

P.C.:- 1.

The Petitioners have sought direction for execution of the order passed under section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ("SARFAESI Act"). The learned counsel for the Petitioners points out that the issue is covered in the order passed in A.S.Writ Petition Priya Soparkar

2 11,12 and 13 wp 2134-23 and ors-c No.15285 of 2022 and others, where the law has been laid down for contingencies such as present one.

2.

Since this order is covered, these petitions are disposed of. (ABHAY AHUJA, J.) (NITIN JAMDAR, J.) ....

Digitally signed by PRIYA RAJESH SOPARKAR Date:

2023.02.27 14:36:43 +0530 PRIYA RAJESH SOPARKAR Priya Soparkar