Amar Chetandas Motwani v. The State Of Maharashtra And ANR.

15-WPL-1172-2019.DOC jsn

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L)NO.1172 OF 2019 Amar Chetandas Motwani ... Petitioner V/s.

The State of Maharashtra & Anr.

... Respondents Mr. A.M. Saroagi for the Petitioner.

Mr. Vivek S. Sawant, for the Respondent No.2. Uma Palsuledesai, AGP for State.

CORAM:

A.A.SAYED & R. I. CHAGLA, JJ.

DATE:

15TH APRIL, 2019.

PC:- 1.

Inasmuch as the Petitioner has an alternate remedy before the DRT, we are not inclined to entertain the Petition. The Petition is dismissed with liberty to the Petitioner to approach the DRT. We record the statement of the learned Counsel for the Respondent Bank that a copy of the Notice dated 4th April, 2019 shall be handed over to the learned Counsel for the Petitioner during the course of the day.

2.

In the event, a Securitisation Application is filed by the Petitioner before the DRT by 18th April, 2019, the DRT shall grant circulation of the Securitisation Application to the Petitioner prior to 23rd April, 2019, since physical possession of the secured asset is 1/1

15-WPL-1172-2019.DOC scheduled to be taken on 23rd April, 2019 by the Respondent Bank.

3.

The Petition to stand disposed of accordingly. ( R I. CHAGLA, J. ) (A.A.SAYED, J.) 2/2