← Library
Bombay High CourtWP/13309/2023allowed to be withdrawn

Kj Agro Foods And ANR v. Bank Of Maharashtra Rajarampuri Branch And ANR

2023-10-25Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice M. M. Sathaye2 pages

4-WP-13309-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 13309 OF 2023 M/s. KJ Agro Foods through its Proprietor and Anr.

.. Petitioners

Versus

Bank of Maharashtra Rajarampuri Branch, Kolhapur and Ors.

.. Respondents Mr. Tanaji Mhatugade, Advocate for the Petitioners.

CORAM

: B. P. COLABAWALLA & M.M. SATHAYE, JJ.

DATE : OCTOBER 25, 2023 P. C.

1.

The above Writ Petition challenges (i) the impugned notice dated 01/07/2023 issued under Section 13(2) of the SARFAESI Act 2002, and (ii) the public auction notice dated 11/10/2023.

2.

We find that the Petitioners has efficacious remedy to approach the DRT under Section 17 of the SARFAESI Act. In these circumstances, we dismiss the above Writ Petition with liberty to the Petitioners to approach the DRT.

OCTOBER 25, 2023 Yugandhara Patil

4-WP-13309-2023.doc 3.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on [ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.] OCTOBER 25, 2023 Yugandhara Patil