Bombay High CourtWP/12678/2015rejected

Mr. Manohar Bhikamchand Triwadi v. Union Of India And ORS.

2017-11-06Hon'Ble Shri Justice Sandeep Kashinath Shinde,Hon'Ble Shri Justice B.R. Gavai1 pages

(9)-WP-12678-15.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.12678 OF 2015 Mr. Manohar Bhikamchand Triwadi ...... Petitioner.

V/s Union of India and Others ...... Respondents.

Mr. Mahendra Deshmukh i/b Mr. R.H. Pol, Advocate for the Petitioner.

None for the Respondents.

CORAM : B. R. GAVAI & SANDEEP K. SHINDE, JJ.

DATE : 6th NOVEMBER, 2017 P.C.

1] The Petitioner has an alternate efficacious remedy of filing a proceeding before the learned Debts Recovery Tribunal. In that view of the matter, the Petition is rejected by relegating the Petitioner to the alternate remedy available in law.

2] However, since the Petitioner on an erroneous legal advice was prosecuting before a wrong forum, the Petitioner would be entitled to the benefit of Section 14 of the Limitation Act for the period, during which the Petition was pending before this Court. [SANDEEP K. SHINDE, J.] [B. R. GAVAI, J.] BGP.