Csequare Basalt Minig Pvt. Ltd. And ORS v. The State Of Maha. Thr. Prin. Sec.

22. WP 15971.22.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15971 OF 2022 C'sequare Basalt Mining Pvt. Ltd. and Anr.

... Petitioners V/s.

The State of Maharashtra and Anr.

... Respondents Mr. Vaibhav V. Ugle for the Petitioners Ms. R.A. Salunkhe, AGP for the Respondent Mr. Agnel Carneiro with Vaibhav Shah i/b. Mulla & Mulla & Craigie Blunt & Caroe for Respondent No.2 CORAM : NITIN JAMDAR & ABHAY AHUJA, JJ.

DATE : 02 JANUARY 2023 P.C. :- The Petitioner has questioned the action taken under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002 Act. It is not in dispute before us that the Debt Recovery Tribunal would have jurisdiction to look into the grievance of the Petitioner. 2.

In the light of series of decisions of the Hon'ble Supreme Court laying down that the SARFAESI Act being complete Code, exercise in writ jurisdiction should be minimal, if at all, we are not inclined to entertain the Writ Petition.

22. WP 15971.22.doc 3.

Keeping all the contentions of the parties open, the Writ Petition is disposed of.

ABHAY AHUJA, J.

NITIN JAMDAR, J.

JYOTI PRAKASH PAWAR by JYOTI PRAKASH PAWAR Date:

2023.01.04 17:37:52 +0530