Prashat Pratap Ahir And ANR v. The State Of Maharashtra And ORS

1/1 11.wp.9455.2021.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9455 OF 2021 Prashat Pratap Ahir & Anr.

... Petitioners Vs The State of Maharashtra & Ors.

... Respondents Mrs. Aarti Pandey for the Petitioners.

Mr. Ishwar Nankani a/w. Ms Divya Shetty i/b. M/s Nankani & Associates for the Respondent No. 4 CORAM :

A. A. SAYED & ABHAY AHUJA, JJ DATED :

5th APRIL, 2022 P.C.:

The Petitioners are essentially challenging the measures under the SARFAESI Act. The Petitioners have an alternate remedy before the DRT. As a matter of fact, the Petitioners themselves vide prayer clause (b) have sought the following relief:

"(b) That this Hon'ble Court be pleased to issue 6 weeks' time for the Petitioner to approach Hon'ble DRT/DRAT for adequate remedies"

2.

The Petition was filed sometime in December, 2021. It is an admitted position that presently DRT/DRAT are functional. 3.

In the facts and circumstances of the case, we are not inclined to entertain the Petition. The Petition is dismissed with liberty to the Petitioner to approach the DRT.

(ABHAY AHUJA, J.) (A. A. SAYED, J.) AKN 1/1