Shri. Ramesh Jethmal Manek And ORS v. The C.K.P. Co-Operative Bank Limited And ORS

- 1 - (WP 6182 of 2014) vat

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION No.6182 OF 2014 Ramesh Jethmal Manek and Ors.

....Petitioners Vs.

The C.K.P. Co-operative Bank Limited and Ors.

....Respondents *********** Mr.Kishor Patil for Petitioners Mr. A.I. Patel -AGP for Respondent Nos.3 and 4 *********** CORAM : V. M. KANADE & B.P COLABAWALLA, J.J.

DATE : JULY 30, 2015 P.C. :

1.

The Petitioners by this petition are challenging the Notice dated 15.5.2013 issued by Respondent No.2 under Section 13(4) of the SARFAESI Act.

2.

The Petitioners have an alternate efficacious remedy of filing an appeal under section 17 of the SARFAESI Act and, therefore, we are not inclined to entertain this petition. The Petitioners are also seeking a direction, directing the Respondents to consider their proposal dated 18.6.2012 for settlement of all accounts. 1/2

- 2 - (WP 6182 of 2014) 3.

Writ petition can be disposed of by reserving the right of the Petitioners to file an appeal under section 17 of the SARFAESI Act and simultaneously asking the bank to consider their proposal dated 18.6.2012 on merits and in accordance with law. Writ petition is disposed of in the aforesaid terms.

[B.P COLABAWALLA, J.] [ V. M. KANADE, J.] Vaishali Tikam z 2/2