M/S Aditi Enterprises Through Prop. Santosh Vasant Patil v. The State Of Maharashtra Through Govt. Pleader And ORS

DDR 9.WPST 21804-18.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION (ST) NO. 21804 OF 2018 M/s. Aditi Enterprises through its Proprietor Mr.Santosh Vasant Patil

...Petitioner

vs.

State of Maharashtra & ors.

...Respondents

------- Mr. Mahesh Vishwakarma along with Mr. Abhirajdas i/b. Vishwakarma & Associates for the Petitioner.

Mr. R.S. Pawar, AGP for Respondent No.1 / State. Mr. Harish Pawar for Respondent No.2.

------- CORAM : A.A. SAYED & M.S. KARNIK, JJ.

DATE :

AUGUST 6, 2018 P.C.:

The Petitioner has already invoked the alternate remedy available to him under Rule 107 by lodging his objections before the Recovery Officer. Hence we are not inclined to entertain this Petition. 2.

We, however, record the statement of learned Counsel for the Respondent - Bank that until the objections of the Petitioner are decided the Respondent - Bank shall not take steps to attach the flat in question and that 7 days prior notice to the Petitioner shall be given before taking steps to attach the said flat.

3.

Subject to the above, the Petition is dismissed. (M.S. KARNIK, J.) (A.A. SAYED, J.) 1/1