Hotel Surya Private Ltd Thr. Authorized Dierctor Nitin M. Gupta And ANR v. Sundralal Sawji Ruban Co-Op Bank Ltd Jintur Thr. Branch Manager And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.4207 OF 2022 ...

Hotel Surya Pvt.Ltd. & Anr.

...Petitioners

v/s.

Sundralal Sawaji Urban Co-op.Bank Ltd.

and Ors.

...Respondents

...

Mr.Abhaykumar Apte for the Petitioners.

CORAM : A.A. SAYED & ABHAY AHUJA, JJ.

DATED : 07 APRIL 2022 P.C.:

( In view of urgency expressed, taken on Production Board.) The Petitioners are challenging the measures taken by the Respondent-Bank under the provisions of the SARFAESI Act. Learned Counsel for the Petitioners candidly states that he has not served the Respondent-Bank. On a query by the Court, whether the Petitioners have been served with any notice that possession of the secured assets will be taken on a particular date, learned Counsel for the Petitioners states that so far no such notice has been given and the Bank officials are orally threatening to take possession.

2.

The Petitioners instead of moving the DRT have approached this Court. Inasmuch as the Petitioners have a remedy before the DRT, we are Uday.P.Kambli 1/2

2/2 502-wp-4207-2022.doc not inclined to entertain the Petition. The Petition is dismissed with liberty to the Petitioners to approach the DRT.

(ABHAY AHUJA,J.) (A.A.SAYED, J.) Uday.P.Kambli 2/2