Smt. Shila Hambirrao Sawant v. State Of Maharashtra Through Dist. Collector Of Sangli And ORS.

osk p-wpl-14662-2019 & 14658-2019.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST.) NO. 14662 OF 2019 Anil Rama Yadav ...

Petitioner V/s.

The State of Maharashtra & Ors.

...

Respondents WITH WRIT PETITION (ST.) NO. 14658 OF 2019 Smt.Shila Hambirrao Sawant ...

Petitioner V/s.

The State of Maharashtra & Ors.

...

Respondents ----- Mr.Manoj Patil i/b. Mr.Ashish P. Pawar for Petitioner. CORAM : A.S. GADKARI & N.J. JAMADAR, JJ.

DATE : 13th May 2019.

[VACATION COURT] P.C. :

1] The Petitioner(s) are having substantive alternate remedy at their disposal, to approach the appropriate forum constituted under the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (for short, "SARFAESI Act"). 1/2

osk p-wpl-14662-2019 & 14658-2019.odt 2] Prima-facie, it appears that without availing such an alternate remedy, the Petitioners have directly approached this Court under Article 226 of the Constitution of India. 3] In view thereof, the learned counsel for the Petitioners, on instructions, seeks leave to withdraw the present petitions with liberty to avail the substantive alternate remedy as contemplated under the SARFAESI Act before the appropriate forum.

Leave and liberty granted.

4] Writ Petitions are disposed off as withdrawn by granting the aforesaid liberty.

[N.J. JAMADAR, J.] [A.S. GADKARI, J.] 2/2