Bank Of Baroda v. State Of Maharashtra Thr Secretary Home Dept. And ORS

k 1/2 32 WP No. 8846 of 22.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8846 OF 2022 Bank Of Baroda

...Petitioner

Versus

State of Maharashtra Through Secretary Home Department & Ors.

...Respondents

...

Mr. Sheroy M. Bodhanwalla a/w Ms. Sakshi Sharm, Mr. Burjis Doctor i/b M/s. Bodhanwalla & Co. for the Petitioner.

Mr. B.V. Samant, AGP for Respondent Nos.1, 2 and 3-State. Mr. Abhijeet J. Kandarkar i/b Mr. Jayesh Shah for Respondent Nos.4 and 5. ...

CORAM : S.V. GANGAPURWALA, ACJ & SANDEEP V. MARNE, J.

DATE : 14th MARCH, 2023.

P.C.:

The Petitioner is challenging the order of attachment. The learned AGP submits that the Petitioner can file an Appeal under section 247 of the Maharashtra Land Revenue Code, 1966 (MLR Code). The Petitioner claims to be the Lessee of the premises sought to be attached.

As according to the Respondent-State the Petitioner has remedy under section 247 of MLR Code, we are not inclined to entertain the present Writ Petition.

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k 2/2 32 WP No. 8846 of 22.doc Writ Petition is disposed of with liberty to the Petitioner to avail the alternate remedy as may be available. For a period of 10 days from today the interim protection granted by this Court shall continue. Needless to say that on lapse of 10 days this protection shall come to an end. The Writ Petition is disposed of. No costs.

(SANDEEP V. MARNE, J.) (ACTING CHIEF JUSTICE) Digitally signed by SUDARSHAN RAJALINGAM KATKAM Date:

2023.03.16 10:59:09 +0530 SUDARSHAN RAJALINGAM KATKAM 2/2