M/S. Cyclo Transmissions Ltd. v. Authorised Officer, Idbi Bank Ltd. And ORS

WP5168.15.sxw

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5168 OF 2015 M/s Cyclo Transmissions Ltd.

... Petitioner v/s Authorised Officer, IDBI Bank Ltd.

and others ... Respondents Mr Rajesh Datar for Petitioner.

Mrs Vinita Hombalkar for Respondent Nos.1 and 2. Mr Vishal Ghosalkar for Respondent No.3.

Mr Vishal Thadani, AGP for Respondent No.4.

CORAM: V.M. KANADE & B.P. COLABAWALLA JJ.

DATE : 15TH JUNE, 2015 P.C. :- 1.

Heard learned counsel appearing on behalf of the Petitioner and the learned counsel appearing on behalf of the Respondents. 2.

The Petitioner has challenged the order dated 11th May 2015 passed by the Collector, Satara, who has corrected his own earlier order. The Petitioner has already filed Securitisation Application VRD

WP5168.15.sxw before the Debt Recovery Tribunal. It is always open to the Petitioner to raise this ground which is raised in the Securitisation Application by amending the application or by filing fresh Securitisation Application.

3.

The Apex Court in several judgments has observed that the High Court should not entertain writ petition under Article 226 of the Constitution of India wherein orders passed by the Collector are challenged.

4.

Hence, Writ Petition is dismissed. However, the right of the Petitioner to approach the Debt Recovery Tribunal is kept open. All contentions of both the parties are kept open. (B.P. COLABAWALLA, J.) (V.M. KANADE J.) VRD