Kothari Textile Industries And ANR v. Canara Bank And 10 ORS

1/1 908.wpl.563.2020.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 563 OF 2020 Kothari Textile Industries & Anr.

...Petitioners

Versus

Canara Bank & Ors.

...Respondents

Mr. Mathews Nedumpara i/b. Ms Rohini M. Amin for the Petitioners Mr. Sukanta Karmakar, AGP for the Respondent-State. CORAM :

A. A. SAYED & ANUJA PRABHUDESSAI, JJ.

DATED :

26th February, 2020 P.C.:

The Petitioners are essentially aggrieved by the measures taken by the Respondent-Bank under the SARFAESI Act. The Petitioners have an alternate remedy before the DRT. In the circumstances, we are not inclined to entertain the Petition. 2.

In so far as the order dated 30.01.2020 in the Application in OA No. 46 of 2013 fled by the Petitioner (Respondent in OA) which has been dismissed by the DRT, the Petitioners have a remedy of challenging the same before the DRAT. 3.

In the circumstances, we dismiss the Petition leaving it open to the Petitioner to invoke the alternate remedies, if so advised.

(ANUJA PRABHUDESSAI, J.) (A. A. SAYED, J.) AKN 1/1