Santosh Vasant Patil v. State Of Maha. Thr. Gp And ORS

903. WP 5591-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 5591 OF 2023 Santosh Vasant Patil ...

Petitioner vs.

State of Maharashtra and Ors.

...

Respondents Mr. Mahesh Vishwakarma for Petitioner.

CORAM : NITIN JAMDAR AND ABHAY AHUJA, JJ.

DATE : 19 APRIL 2023 P.C. :

.

Petitioner is aggrieved by the action taken by the Respondent No.5- Secured Creditor under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ("SARFAESI Act"). According to the Petitioner, Petitioner is neither a borrower nor a guarantor but is a developer unconnected with the dispute. Even assuming so, in view of the Section 17 of the SARFAESI Act, Petitioner would have a remedy of approaching the Debt Recovery Tribunal. It has been emphasized by the Hon'ble Supreme Court in various decisions that SARFAESI Act is a complete code. Since the remedy is available to the Petitioner, keeping all the contentions of the parties open, we dispose of the writ petition.

(ABHAY AHUJA, J.) (NITIN JAMDAR, J.) Digitally signed by NIKITA YOGESH GADGIL Date:

2023.04.20 15:12:50 +0530 NIKITA YOGESH GADGIL Nikita Gadgil