Sushila Santosh Ayare And ANR v. Aditya Birla Hsg. Finance Ltd And ORS

Digitally signed by AARTI GAJANAN PALKAR Date:

2023.12.12 10:39:43 +0530 AARTI GAJANAN PALKAR 103.WP.15390.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.15390 OF 2023 Mrs. Sushila Santosh Ayare & Anr.

...Petitioners

Versus

Aditya Birla Housing Finance Ltd. & Ors.

...Respondents

Mr. Paresh Thakar, Advocates for Petitioners.

CORAM

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

DATE : DECEMBER 11, 2023 P. C.

1.

Mentioned. Taken out of turn.

2.

The learned counsel appearing on behalf of the Petitioners submitted that the Petitioners have an alternate remedy to approach the DRT u/s.17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for short "SARFAESI Act"] and raise the grievances in the above Writ Petition before the DRT. He, therefore, sought leave to withdraw the above DECEMBER 11, 2023 Aarti Palkar

103.WP.15390.2023.doc Writ Petition with liberty to avail of the alternate remedy. 3.

In these circumstances, the above Writ Petition is dismissed as withdrawn with liberty as prayed. No order as to costs. 4.

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 11, 2023 Aarti Palkar