Rajeshree Umaji Chawre And ORS v. The State Of Maharashtra And ORS

JPP

11. WP 283.23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 283 OF 2023 Ms. Rajeshree U. Chawre & Or.

... Petitioner V/s.

The State of Maharashtra and Ors.

... Respondents Mr. Shivshankar D. Patil for the Petitioner Ms. Shruti D. Vyas, 'B' Panel Counsel for the Respondent - State Mr. Tejasvi Dalvi for Respondent No.2 CORAM : NITIN JAMDAR & ABHAY AHUJA, JJ.

DATE : 11 JANUARY 2023 P.C. :- The Petitioner has challenged the action taken under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002. The Petitioner has a remedy of approaching the Debt Recovery Tribunal, which position of law has been emphasized by the Hon'ble Supreme Court time and again, yet the writ petitions are being filed. We expect correct legal advice to be given to the litigants as regards the forum.

2.

Writ Petition is disposed of keeping all the contentions of both the parties open.

ABHAY AHUJA, J.

NITIN JAMDAR, J.

by JYOTI PRAKASH PAWAR Date: 2023.01.17 14:20:34 +0530 JYOTI PRAKASH PAWAR