M/S Sainath Enterprises v. Bank Of Maharashtra And ORS
3.WPST.17136.18.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 17136 OF 2018 M/s. Sainath Enterprises ... Petitioner V/s.
Bank of Maharashtra & Ors.
... Respondents Mr. Pramod N. Joshi i/b Ms. Vrishali R. Raje for the Petitioner. Mr. A.A. Alaspurkar, A.G.P. for the State.
Mr. Rathina Marvarman for Respondent No.1.
CORAM :
A.A. SAYED AND V.L. ACHLIYA, JJ.
DATE :
27th JUNE, 2018.
P.C. :
The Petition is filed by the Petitioner seeking the following reliefs :
"A.
That this Hon'ble court be pleased to issue Writ, order, direction in the nature of certiorari setting aside the order passed by the District Magistrate U/s 14 of the SARFAESI Act on 20/7/2016 in SC no.140/2015 and the consequential orders dt.6-4-2018, 2-6-2018 issued by Respondent No.3 as well as order dt. 8-5-2018 passed by DRT in SA No.63/2018.
B.
That this Hon'ble court be pleased to issue Writ, order, direction in the nature of Mandamus directing the Respondent No.1 to reconsider the proposal of One time settlement sanctioned by them on 4/12/2017 by giving smaller installments;
Waghmare 1/2
3.WPST.17136.18.doc C.
Pending the hearing and final disposal of this petition, this Hon'ble court be pleased to stay the implementation and execution of order passed by the District Magistrate U/s 14 of the SARFAESI Act on 20/7/2016 in SC no.140/2015 and the consequential orders dt.6-4-2018, 2-6-2018 issued by Respondent No.3 as well as order dt. 8-5-2018 passed by DRT in SA No.63/2018.
D.
Ad interim in terms of prayer clause (c ) above. E.
Such other and further orders be granted as per the nature and circumstances of the case as deemed fit by this Hon'ble Court.
The Petitioner has a remedy before the DRAT to challenge the impugned order dated 08.05.2018 of the DRT. Inasmuch as the Petitioner has an alternate remedy, we are not inclined to entertain the Petition. The Petition is dismissed.
(V.L. ACHLIYA, J.) (A.A. SAYED, J.) Waghmare 2/2