Shri Nitin Chunilal Phulphagar v. The Authorised Officer Edelwiss Asset Reconstruction Company Limited

22.WP.7386.23.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 7386 OF 2023 UTKARSH KAKASAHEB BHALERAO Date: 2023.06.19 18:15:58 +0530 UTKARSH KAKASAHEB BHALERAO Shri Nitin C. Phulphagar ..Petitioner

Versus

The Authorized Officer ..Respondent Mr. Sushil Nimbkar, Advocates for the Petitioner Mr. Shashank Fadia, Advocates Advocates for the Respondent.

CORAM

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

DATE : JUNE 19, 2023 P.C.

The above Writ Petition seeks to challenge the order dated 30th June, 2020 passed by the Debts Recovery Tribunal, Pune in Interim Application No.100 of 2022 filed in Securitisation Application No.228 of 2022.

We find that there is equally efficacious and alternate remedy available to the Petitioner by challenging the said order under Section 18 of the SARFAESI Act, 2002.

JUNE 16, 2023 Aswale

22.WP.7386.23.DOC In these circumstances, we do not find any reason to entertain the above Writ Petition. It is accordingly dismissed with liberty to the Petitioner to challenge the order impugned in this Petition by filing an Appeal before the DRAT, Mumbai. The Writ Petition is accordingly disposed of. 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 16, 2023 Aswale