Shri. Ramesh Uttamchand Bhatiya And ANR v. State Of Maharashtra And ORS

26.wp.12107.2013.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12107 OF 2013 Shri Ramesh Uttamchand Bhatiya & Ors.

.. Petitioners Vs.

State of Maharashtra & Ors.

.. Respondents Mr.Sanjay Ghaisas i/b Mr.Ashok Madhukar Joshi for petitioners. Mr.V.P. Malvankar, AGP 'A' Panel for respondent nos.1 and 2. Mr.Nikhil Rajani i/b V. Deshpande for respondent no.3. CORAM : A.S. OKA, K.R. SHRIRAM, JJ.

DATED : 25TH AUGUST, 2015 P.C.

It is not in dispute that the petitioners have availed of the statutory remedy by filing an application under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002. Though the said proceedings has been dismissed for nonprosecution, an application for restoration is pending. Hence, we decline to entertain this petition under Article 226 of the Constitution of India. If the appeal/application is restored, all contentions on merits which are raised in this petition can be agitated by the petitioners before the concerned authority.

Subject to what is stated above, the writ petition is rejected. (K.R. SHRIRAM, J.) (A. S. OKA, J.) Shraddha Talekar PA 1/1