Vishal Amarshi Gala Prop. Of M/S Gautam Marketing v. Thane Bharat Sahakari Bank Ltd. Thru Chairman And ORS

(901)-WP-7920-19.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.7920 OF 2019 Vishal Amarshi Gala ..Petitioner

Versus

Thane Bharat Sahakari Bank Ltd. & Ors.

..Respondents Mr. Mathew Nedumpara a/w Rohini Amin, Preeti Dambre & Vijaya Mistry i/by R. R. Nair, Advocates for the Petitioner. Mr. Nikhil Rajani i/by V. Deshpande & Co., Advocate for Respondent Nos.1, 2 & 3.

Mr. K. S. Thorat, AGP for Respondent Nos.4 & 5. CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATE : 19th DECEMBER, 2019 P.C.

1] After some arguments, learned counsel for the Petitioner seeks leave to withdraw the Writ Petition but wants it recorded that the Petitioner has right to approach DRT to question the order obtained by the Respondent - Co-operative Bank under Section 14 of the SARFAESI Act, 2002.

2] Needless to state the Petitioner has an efficacious alternative remedy to approach the DRT against measure taken by the Bank under Section 14 of the SARFAESI Act, 2002. If such an application is filed before DRT, the same has to be decided as per law. 3] Thus, the Petition is disposed of as not pressed. Digitally signed by Balaji G.

Panchal Date:

2019.12.19 15:53:54 +0530 Balaji G.

Panchal SMT. BHARATI DANGRE, J CHIEF JUSTICE BGP.