Mrs. Shobha Daji Patil Thru Poa Javed Amir Latif Vidyanagar v. The State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

APPELLATE SIDE CIVIL JURISDICTION WRIT PETITION NO. 10014 OF 2019 ...

Mrs. Shobha Daji Patil

...Petitioner

V/S The State Of Maharashtra And Ors.

....Respondents WITH WRIT PETITION NO. 10045 OF 2019 ...

Mr.Santosh G. Narvekar

...Petitioner

V/S The State Of Maharashtra And Ors.

....Respondents ...

Ms. Pramila S. Bhaingade for Petitioners.

Mrs.S.S.Bhende, AGP for State/R.No.1,4 & 5.

...

CORAM : A.A. SAYED & PRAKASH D. NAIK, JJ.

DATED : 18 SEPTEMBER 2019 P.C.:

The Petitioners have impugned the order dated 26-11-2015 of the District Magistrate under section 14 of the SARFAESI Act as well as Notice dated 10-06-2019 of the Tahsildar, Taluka: Ajara, District: Kolhapur seeking to take physical possession of the secured assets. 2.

Learned Counsel for the Petitioners candidly states that the physical possession of the secured assets as per the aforesaid notice has already been taken on 24-06-2019.

Uday.P.Kambli 1/2

2/2 908-wp-10014-19.doc 3.

We are told that Securitization Applications filed by the Petitioners are pending before the DRT. If the Petitioners are aggrieved by the measures/further measures under the SARFAESI Act, they can amend the SAs or file further Application/s before the DRT as permissible in law. 4.

In view of the alternate remedy being available to the Petitioners, we are not inclined to entertain the Petitions. The Petitions are dismissed with liberty to the Petitioners to approach the DRT/DRAT. (PRAKASH D. NAIK,J.) (A.A.SAYED, J.) Uday.P.Kambli 2/2