Cogent Enterprises Limited v. Asset Reconstructions Co. P. Ltd And ORS

wp4058 ssp FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4058 OF 2014 Office Notes, Office Memorandam of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr.roshan D'Souza i/b Flavia Legal for the Petitioner Mr.Zeus Dhanbhoora i/b Bharucha & Partners for the Respondent No.1 CORAM : A.S.OKA, & C.V.BHADANG,JJ.

DATE : JANUARY 11, 2016.

P.C.

Prayer clause (a) seeks a writ of mandamus against the Reserve Bank of India. There is no averment in the petition that before filing of this petition under Article 226 of the Constitution of India, the petitioner approached the second respondent-RBI by way of a representation and sought justice. Therefore, prayer (a) is premature and cannot be entertained.

As far as prayer clauses (b) to (d) are concerned, after issuing a notice dated 24th November 2011 under subsection 2 of Section 13 of the Securitization and Reconstruction

wp4058 of Financial Assets and Enforcement of Security Interest Act, 2002, no further action has been taken by the first respondent.

Therefore, the challenge incorporated in prayers (b) to (d) is premature.

Hence, as of today, there is no reason to entertain this petition under Article 226 of the Constitution of India. Writ petition is disposed of.

All contentions on merits are kept open.

(C.V.BHADANG,J.) (A.S.OKA,J.)