Hasmukh Estates Pvt. Ltd. v. The Kalyan Janata Sahakari Bank Ltd. And 2 ORS

904-wpl-740-2018.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORIDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.740 OF 2018 Hasmukh Estate Pvt. Ltd.

...Petitioner

Versus

The Kalyan janata Sahekari bank Ltd. & Ors.

...Respondents

---------- Mr. Gaurav Mehta with Vinod Kothari i/b M/s. Apex Law Partners for the Petitioner.

Mr. A. R. Gole i/b Medharane for the Respondent. ---------- CORAM :

A. A. SAYED AND V. L. ACHLIYA, JJ.

DATE :

6 MARCH, 2018 P. C.:

1.

Heard learned counsel for the Petitioner and learned counsel for the Respondent-Bank.

2.

Since the Petitioner has alternate remedy in our view the exercise of writ jurisdiction of this Court is not warranted. Hence the Petition is dismissed with liberty to the Petitioner to resort to the remedy available to it in law.

Devendra 1/2

904-wpl-740-2018.doc 3.

The Respondent-Bank to defer taking possession of the secure asset which was scheduled to be taken today for a period of two weeks. All contentions are kept open. [V. L. ACHLIYA, J.] [A. A. SAYED, J.] Devendra 2/2