Vijay S Vipat v. Board Of Directors Of Union Bank Of India And 14 ORS

WPL. 1046-15 VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) No. 1046 OF 2015 Vijay S. Vipat ...

Petitioner Vs.

Board of Directors of Union Bank of India & Ors.

...

Respondents *** Ms. Rohini Amin i/b Sarika Gohil, for the Petitioner. *** CORAM : V. M. KANADE, & A. R. JOSHI, JJ.

DATE : APRIL 8, 2015 PC.

1.

Upon praecipe, matter is listed today under the caption "production".

2.

Heard the learned counsel appearing on behalf of the Petitioner. We are satisfied that there is no ground made out for interfering with the impugned order. Petitioner is challenging the entire proceeding at the hands of Respondents under Section 13(2), 13(4) and 14 of the SARFAESI Act and he is seeking to quash the said proceeding. Petitioner is also challenging the order dated 9.10.2014 passed by the Chief Metropolitan Magistrate under Section 14 of the said Act. It is submitted that Petitioner is likely to be dispossessed 1 / 2

WPL. 1046-15 from the premises. Petitioner has an alternate remedy under Section 17 of the said Act, and therefore, we are not inclined to interfere with the impugned order. In any case, Petitioner has no locus being a borrower, to be heard before the Magistrate in an application made under Section 14 of the said Act. Hence, writ petition is dismissed. Sd/- Sd/- [A. R. JOSHI, J.] [V. M. KANADE, J.] Vinayak Halemath 2 / 2