Shri. Sangramsinh Swarooprao Patil v. Shri Warana Sahakari Bank Ltd, Through Managing Director And ORS

ash wp-3737.13 FARAD CONTINUATION SHEET

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3737 OF 2013 Office Notes, Office memorandum of Coram, appearances, Court's Court's or orders or directions & Judge's orders.

Registrar's orders.

Shri Bhushan Walimbe for the Petitioner.

Shri Anant Vadgaonkar i/b Shri Amit M. Sale for the Respondent Nos.1 and 2. Mrs. M.P. Thakur, AGP for the Respondent No.3. Shri Umesh R. Mankapure for the Respondent Nos.5 and 6. - CORAM :

A.S. OKA & V.LACHLIYA, JJ DATED :

27TH OCTOBER 2015 P.C.:

.

As far as the challenge to the applicability of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is concerned, in view of the judgment and order dated 29th September 2015 in Writ Petition No.10545 of 2012, there is no merit in the said contention. As far as the other challenges in the Petition are concerned, the statutory remedies are available to the petitioner. Therefore, we decline to

ash wp-3737.13 entertain this Petition under Article 226 of the Constitution of India.

2.

if appropriate remedy is adopted, the concerned authorities are bound to note that the present Petition was filed on 1st April 2013 in which a notice was issued to the Respondents and that the Writ Petition remained pending till today. By granting liberty to the Petitioner to adopt appropriate remedy, subject to what is observed above, the Petition is disposed of.

(V.L. ACHLIYA, J) (A.S.OKA, J)