Nimesh B Shah v. Board Of Directors Dcb Bank 19 ORS

WPL/226/15, WPL/406/15, WPL/438/2015 1/2

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARYORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO. 226 OF 2015 Kanchanben Champaklal Khimavat & Anr.

.....Petitioners.

V/s The Authorized Officer, State Bank of India & Ors.

..... Respondents.

WITH WRIT PETITION (L) NO.406 OF 2015 Nimesh B. Shah ..... Petitioner.

V/s Board of Directors DCB Bank & Ors.

...... Respondents WITH WRIT PETITION (L) NO.438 OF 2015 Bhagirath O. shah ......Petitioner V/s Board of Directors DCB Bank & Ors.

....Respondents Mr. Mayur Khandeparkar i/b Sanjana Ghogare for the Petitioner in WPL 226/2015.

Mr. D.S. Paranjpe for Respondent Nos.1 and 2 in WPL 226/2015 Mr. Ashish Kamat a/w Nikhil Rajani i/b V. Deshpande & Co. for Respondent Nos. 1 to 6 in WPL 406/2015 and WPL 438/2015.

WPL/226/15, WPL/406/15, WPL/438/2015 2/2 CORAM: V.M. KANADE & A.R. JOSHI, JJ DATE : 23rd February, 2015 P.C:

1.

These three Petitions were part of a group of petitions which were heard and disposed of by judgment and order dated 23/2/2015. In all those Petitions including these three Petitions issue raised by the Petitioners was identical viz whether the borrowers are entitled to get personal hearing when an order is passed under section 14 of the SARFAESI Act as amended by Amendment Act of 2013.

2.

Though these Petitions were part of the said group, somehow these three matters were not included in the order which was passed by us in the said group of petitions. In fact, in these Petitions also, the arguments which were advanced by the learned Counsel appearing in the said case were heard at that time. Therefore, these three Petitions can be conveniently disposed of for the reasons given in the judgment and order dated 23rd February, 2015 in a group of Petitions in which the leading Petition is Writ Petition No.11459 of 2014. 3.

These three Petitions are also accordingly dismissed and disposed of.

(A.R. JOSHI, J.) (V.M. KANADE, J.)