Abhay Goyal And ORS v. State Of Maharashtra Thr The Collector And ORS

9.WPNo.47672022.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4767 OF 2022 Abhay Goyal & Ors.

...

Petitioners

Versus

The State of Maharashtra & Ors.

...

Respondents Mr. Parth Singh i/b. Mr. Kuldeep Sanghai, Advocate for the Petitioners.

Mr. R. S. Pawar, AGP for the Respondent No.1/State. Mr. Karl Tamboly a/w. Mr. Ativ Patel Adv. Viloma Shah, Mr. Darshit Dave and Mr. Harshad R. Vyas, Advocate for the Respondent Nos.2 to 4.

CORAM:

S.V. GANGAPURWALA & M. G. SEWLIKAR, JJ.

DATED :

MAY 5, 2022 P.C.

1.

We have heard the learned Counsel for the petitioners. The grievance of the petitioners is that the Revenue Authority are not implementing the recovery certifcate against the respondent No.2.

2.

The learned Counsel for respondent Nos.2 to 4 submits that the petitioners have already fled execution application before the National Consumer Disputes Redressal Commission, New Delhi and the Commission has taken cognizance of the petitioners' execution proceedings and on 26th April 2022 has issued fresh notice to the concerned Authority at Mumbai for attachment of the property belonging to the respondent No.2.

Gaikwad RD 1/2

9.WPNo.47672022.doc 3.

The petitioners, it appears that, has already prosecuted the execution proceedings before the Commission. As the petitioners have already availed the remedy before the Commission, it would not be appropriate to entertain the present petition. The petitioners are at liberty to prosecute the remedy before the Commission. 4.

With the aforesaid observations, writ petition is disposed of. No costs.

(M. G. SEWLIKAR, J.) (S.V. GANGAPURWALA, J.) by RAJU DATTATRAYA GAIKWAD Date:

2022.05.07 19:09:11 +0530 RAJU DATTATRAYA GAIKWAD Gaikwad RD 2/2