Soniya Pradeep Sohani And 2 Others v. Abhudya Co Operative Bank Ltd

suresh P1-WPL-988.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION {L} NO.988 OF 2017 Soniya Pradeep Sohani & Ors.

.... Petitioners Vs.

Abhudya Co-operative Bank Ltd.

.... Respondent Mr. Uday P. Warunjikar with Mr. Saikumar P.M. & Mr. Siddesh A. Pilankar for the Petitioners. Mr. Vishal Ghoshalkar for the Respondent.

CORAM: S.C. DHARMADHIKARI & PRAKASH D. NAIK, JJ.

DATE : APRIL 07, 2017 P.C:

1.

After Mr. Warunjikar's attention was invited to the Division Bench Judgment of this Court in the case of M/s. Utkarsh Cement Sales Pvt. Ltd., Aurangabad and others Vs. Omprakash Deodha People's Cooperative Bank Ltd., Aurangabad {Writ Petition No.12769 of 2016}, decided on 17-1-2017, it is conceded that the petitioners have alternate and equally efficacious remedy of approaching the Debts Recovery

suresh P1-WPL-988.2017.doc Tribunal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

2.

In the light of this decision, we dispose of this writ petition with liberty to the petitioners to approach the Tribunal. We clarify that we have not expressed any opinion on the rival contentions. The petitioners can raise all of them before the Debts Recovery Tribunal.

(PRAKASH D. NAIK, J.) (S.C. DHARMADHIKARI, J.)