Sahil Sajid Khan v. Union Of India

Digitally signed by TRUPTI SADANAND BAMNE Date:

2022.12.16 16:07:17 +0530 TRUPTI SADANAND BAMNE 26-wp-5066-2022.doc Trupti

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 5066 OF 2022 Sahil Sajid Khan ... Petitioner vs.

Union of India, (Legal Department) Government of India, Mumbai & Ors.

... Respondents ......

Mr.Raghavan Sarathy i/b. Thodur Law Associates for the Petitioner.

Mr. R.L. Motwani for Respondent Nos. 3 and 4. Mr. Raj Dani for Respondent No.5.

......

CORAM : NITIN JAMDAR AND GAURI GODSE, JJ.

DATE : 15 DECEMBER 2022 P.C.:

Heard the learned Counsel for the parties.

2.

The Petitioner has sought to challenge a notice issued under section 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The Petitioner has a remedy of approaching the Debt Recovery Tribunal and in view of the settled legal position regarding enforcing a writ jurisdiction, we are not inclined to entertain the writ petition. 1/2

26-wp-5066-2022.doc 3.

The learned Counsel for the Petitioner states that the Petitioner is a disabled person.

4.

We have no doubt that if this is the position, the Debt Recovery Tribunal would consider giving a priority to early hearing of the proceedings when they are instituted before the Debt Recovery Tribunal.

5.

The writ petition is accordingly disposed of. (GAURI GODSE, J.) (NITIN JAMDAR, J.) 2/2