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Bombay High CourtWP/14900/2023allowed to be withdrawn

Shital Ambikaprasad Pathak And ANR v. State Of Maharashtra Thr Circle Officer And ORS

2023-12-01Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice Somasekhar Sundaresan2 pages

5-WP-14900-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 14900 OF 2023 Shital Amikaprasad Pathak & Anr

...Petitioners

Versus

State of Maharashtra through Circle Officer & Ors

...Respondents

Mr. Sharad Bhosale a/w Kiran Gawalwad i/b Swapnali Pednekar, Advocates for Petitioners.

Mr. A.J. Patel, AGP & M.M. Pabale, for Respondent-State.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : DECEMBER 01, 2023 P. C.

1.

In the above matter the learned Advocate appearing on behalf of the Petitioners fairly pointed out that what is challenged in the above Writ Petition is the order passed by the Magistrate under Section 14 of the SARFAESI Act, 2002. He submitted that he has an alternate remedy under Section 17 of the SARFAESI Act, 2002 to challenge the said order. In these circumstances, he sought leave to withdraw the above Writ Petition with liberty to avail the alternate remedy. Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2023.12.05 10:52:19 +0530 ASHWINI JANARDAN VALLAKATI DECEMBER 01, 2023 Ashwini Vallakati

5-WP-14900-2023.doc 2.

In these circumstances, the above Writ Petition is dismissed as withdrawn with liberty as prayed. No order as to costs. 3.

This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on [SOMASEKHAR SUNDARESAN, J.] [B. P. COLABAWALLA, J.] DECEMBER 01, 2023 Ashwini Vallakati