Jyotsna Prashant Khandagale v. Abhydaya Cooperative Bank Ltd. And ORS

2-WP-8565-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8565 OF 2023 Jyotsna Prashant Khandagale .. Petitioner

Versus

YUGANDHARA SHARAD PATIL Abhuydaya co-operative Bank Ltd & ors.

.. Respondents by YUGANDHARA SHARAD PATIL Date:

2023.07.13 19:04:05 +0530 Mr. S.S.Panchpor a/w Mr. S.S. Natu , Advocates for the Petitioner.

Mr.A.I. Patel a/w Ms. M.S. Bane, AGP for Respondent No. 3/State.

Petitioner present in the Court.

CORAM

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

DATE : JULY 11, 2023 P. C.

1.

The above Writ Petition challenges the order dated 17/11/2022 passed by the DRT, Pune, in Interim Application No. 1804 of 2022 in Securitisation Application No. 489 of 2022. By the impugned order, the DRT, as a condition precedent for granting a stay from dispossessing the Petitioner, directed the Petitioner to deposit 25% of the amount of the Demand Notice. JULY 11, 2023 Yugandhara Patil

2-WP-8565-2023.doc 2.

When we pointed out to the learned advocate appearing on behalf of the Petitioner that there is an equally efficacious alternate remedy available by filing an Appeal from this Order to the DRAT under Section 18 of the SARFAESI Act, 2002, the learned Advocate, on instruction, sought leave to withdraw the above Writ Petition with liberty to avail the Appellate remedy. 3.

In these circumstances, the above Writ Petition is dismissed as withdrawn. The Petitioner is at liberty to avail of the appellate remedy available to him under Section 18 of the SARFAESI Act, 2002.

4.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on [ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.] JULY 11, 2023 Yugandhara Patil