Shubhangi Ganpat Lamkhade v. Santosh Ganapt Lamkhade And ORS

19-aswp462-2022 AGK

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 462 OF 2022 Shubhangi Ganpat Lamkhade

...Petitioner

V/s.

Santosh Ganpat Lamkhade & Ors.

...Respondents

Mr. Sunil R. More for the petitioner.

Ms. Priya Nigwekar i/b O.A. Das, for respondent nos. 2 to 4. CORAM: DIPANKAR DATTA, CJ & M. S. KARNIK, J.

DATE:

MARCH 3, 2022 P.C.:

1.

By instituting this writ petition, the petitioner (guarantor) prays for quashing of the order dated 19th May 2017 passed by the Chief Metropolitan Magistrate, Mumbai on an application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereafter "the Act", for short) filed by the secured creditor.

2.

Section 17 of the Act provides a remedy to the petitioner. It shall be open to the petitioner to pursue such remedy before the appropriate forum in accordance with law. 3.

The writ petition is disposed of. No costs.

4.

All contentions are left open.

(M. S. KARNIK, J.) (CHIEF JUSTICE) Digitally signed by ATUL GANESH KULKARNI Date:

2022.03.04 18:17:57 +0530 ATUL GANESH KULKARNI