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Bombay High CourtWP/14807/2022disposed off

Mr. Shashikant J Sonawane And ANR v. State Of Maharashtra And ANR

2022-12-06Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Ms. Justice Gauri Godse2 pages

1 4-WP-14807-2022.doc rrpillai

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14807 OF 2022 Mr Shashikant J Sonawane ... Petitioner and Another vs.

State of Maharashtra and Another ... Respondents Mr. Sanjay Dubey i/b. Mr. Akhlak A Khan for the Petitioner. Ms. Fatima Lakdawala for Respondent No. 2.

Ms. S.D.Vyas 'B' Panel Counsel for the State. CORAM : NITIN JAMDAR AND GAURI GODSE, JJ.

DATE : 6 DECEMBER 2022 P.C.:

The Petitioner has challenged the order dated 22 November 2021 and notice dated 21 September 2021 under section 20 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. It is now more than settled by catena of decisions that questions arising from the actions taken by the secured creditor under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 which is a code in itself, will have to be agitated Digitally signed by RAJESHWARI RAMESH PILLAI Date:

2022.12.09 10:23:58 +0530 before the forum established under the Act.

RAJESHWARI RAMESH PILLAI

2 4-WP-14807-2022.doc 2.

As regards urgency sought to be made out, the impugned order is dated 22 November 2021.

3.

It is always open to the Petitioner like any aggrieved party to approach the Debt Recovery Tribunal and challenge the action on merits and as per law and facts.

4.

Writ Petition is accordingly disposed of.

(GAURI GODSE, J.) (NITIN JAMDAR, J.)