Durga Associates Thr Its Managing Partner v. State Bank Of India And ORS

14.WP.7629.23.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7629 OF 2023 M/s.Durga Associates through its Managing Partner ..Petitioner

Versus

ANJALI TUSHAR ASWALE ANJALI TUSHAR ASWALE Date: 2023.06.28 11:14:17 +0530 State Bank of India & Ors ..Respondents Mr. Nitin P. Deshpande, Advocates for the Petitioner Mr.H. A. Khan i/b Ajinkya Kurdukar, Advocates for Respondent No.1.

Mr. Anup Lahoti, Advocates for Respondent Nos.3 to 6.

CORAM

: B. P. COLABAWALLA, J & M. M. SATHAYE, JJ.

DATE : JUNE 27, 2023 P.C.

The above Writ Petition is filed seeking to quash and set aside the Notice dated 3rd April, 2021 issued under Section 13

(2) of the SARFAESI Act, 2002 as well as the Notice dated 8th February, 2023 which appears to be a possession notice issued under the Security Interest (Enforcement) Rules, 2002. When we pointed out to the Petitioner that he has an equally efficacious alternate remedy under Section 17 of the JUNE 27, 2023 Aswale

14.WP.7629.23.DOC SARFAESI Act, 2002, the learned counsel, on instructions, sought leave to withdraw the above Petition with liberty to pursue the alternate remedy.

In these circumstances, the above Writ Petition is dismissed as withdrawn with liberty as prayed. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act order.

[M. M. SATHAYE, J.] [ B. P. COLABAWALLA, J ].

JUNE 27, 2023 Aswale