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Bombay High CourtWP/15764/2023disposed off

Taramati Harichandra Parab v. Shriram Housing Finance Ltd.And ORS.

2023-12-20Hon'Ble Shri Justice Madhav J. Jamdar2 pages

34. WP 15764-2023.doc Anand IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 15764 OF 2023 Taramati Harichandra Parab .Petitioner Vs.

Shriram Housing Finance Limited & ors.

.Respondents Mr. Sumit A. Shinde, Advocate, for the Petitioner

CORAM

:

MADHAV J. JAMDAR, J.

DATE :

20.12.2023 P. C.

1.

Heard Mr. Shinde, learned Counsel appearing for the Petitioner.

2.

The challenge in the present Petition is to the Order dated 26.09.2023 passed by the learned Chief Metropolitan Magistrate, Esplanade Court, Mumbai in Case No. 1810/SA/2022. An alternate remedy under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is available.

3.

No interference is warranted under Article 226 of the Constitution of India. The Writ Petition is dismissed in view of availability of an alternate remedy.

34. WP 15764-2023.doc 4.

It is clarifed that this Court has not considered the merits and all contentions on merits of all parties are expressly kept open.

(MADHAV J. JAMDAR, J.)