Indira Gandhi Bharatiya Mahila Vikas Sahakari Sakhar Karkhana Ltd. v. Idbi Bank And ORS.

suresh P-WPST-25772.2016.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION [STAMP] NO.25772 OF 2016 Indira Gandhi Bharatiya Mahila Vikas Sahakari Sakhar Karkhana Ltd.

.... Petitioner Vs.

IDBI Bank & Others .... Respondents Mr. Shriram S. Kulkarni for the Petitioner.

Mr. Venkatesh Dhond, Senior Counsel with Mr. V.V. Chandavale for Respondent No.1.

CORAM: S.C. DHARMADHIKARI & B.P. COLABAWALLA, JJ.

DATE : SEPTEMBER 19, 2016 P.C:

1.

We have heard a petition which was tendered today by Mr. Kulkarni, appearing for the petitioner. 2.

With his assistance, we have perused the writ petition and some of the annexures thereto.

3.

Once the petitioner has invoked the remedy of approaching the Debts Recovery Tribunal under Section 17 of

suresh P-WPST-25772.2016.doc the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and the application in that behalf is pending, then, all the issues can be examined in that application and if the applicant satisfies the Tribunal. Hence, all such reliefs as are claimed in that application and even in this petition can be granted. We do not think that we should interfere in the teeth of several remedies that are available to the petitioner and which are equally efficacious. The writ petition is dismissed.

(B.P. COLABAWALLA, J.) (S.C. DHARMADHIKARI, J.)