Namdev Shivaji Khandve v. Authorised Officer The Muslim Co Op Bank Ltd Pune And ANR

P1.WPST.6166.24.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION(ST)NO.6166 OF 2024 WITH INTERIM APPLICATION(ST)NO.7484 OF 2024 IN WRIT PETITION(ST)NO.6166 OF 2024 Namdev S. Khandve ..Petitioner/Applicant by ANJALI TUSHAR ASWALE Date: 2024.03.11 15:03:02 +0530 ANJALI TUSHAR ASWALE

Versus

Authorized Officer The Muslim Co-op Bank Ltd, Pune ..Respondent Mr.Ronak Shah, with Mr.Jay Mehta i/b Ronak Shah Co, Advocates for the Petitioner/Applicant.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : MARCH 11, 2024 P.C.

Mentioned. Not on Board. At the request of the Petitioner taken on Board.

In the above Writ Petition, what is challenged is the order passed by the learned Presiding Officer dated 16th February, 2024. The learned counsel appearing on behalf of the Petitioner fairly submitted that the Petitioner has an alternate remedy under Section 18 of the SARFAESI Act, 2002 to challenge the order MARCH 11, 2024 Aswale

P1.WPST.6166.24.DOC passed by the learned Presiding Officer. He, therefore, sought leave to withdraw the above Writ Petition.

In view of the aforesaid circumstances, the above Writ Petition is dismissed as withdrawn with liberty to approach the DRAT under Section 18 of the SARFAESI Act, 2002. We make it clear that we have not opined on the merits of the matter one way or the other and the same shall be decided by the DRAT, if approached by the Petitioner. In view of the disposal of the above Writ Petition, nothing survives in the above Interim Application and the same is disposed of accordingly.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act order.

[SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.] MARCH 11, 2024 Aswale