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Bombay High CourtWP/302/2023disposed off

Smt. Smita Sunil Mahadeshwar v. M/S Manappuram Home Finance ANR ORS

2023-01-10Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Shri Justice Abhay Ahuja1 pages

1 9 wp 302-23-c IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.302 OF 2023 Smt. Smita Sunil Mahadeshwar ... Petitioner V/s.

M/s Manappuram Home Finance and ors.

... Respondents --- Ms.Grishma N. Lad, Advocate for the Petitioner. Mr.R.L.Molwani, Advocate for Respondent No.1. Ms.Neha Bhide, "B" Panel Counsel for the State. --- CORAM : NITIN JAMDAR AND ABHAY AHUJA, JJ.

DATE : 10 JANUARY 2023.

P.C.:- 1.

The action challenged is the notice issued by the Tahasildar under section 14 of the SARFAESI Act, against which the petitioner has remedy of approaching Debt Recovery Tribunal. In light of the series of decisions of the Supreme Court lying down that the SARFAESI Act is a complete Code in itself and that remedy lies has in approaching the Debt Recovery Tribunal, we are not inclined to entertain the petition.

2.

Keeping all contentions of the parties open, writ petition is disposed of.

(ABHAY AHUJA, J.) (NITIN JAMDAR, J.) Priya Soparkar Digitally signed by PRIYA RAJESH SOPARKAR Date:

2023.01.16 12:33:00 +0530 PRIYA RAJESH SOPARKAR