Javed Traders Through Proprietor Nisar Ahemad Shaikh And Another v. The District Collector And Others

588.22WP.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 910 WRIT PETITION NO.588 OF 2022 JAVED TRADERS THROUGH PROPRIETOR NISAR AHEMAD SHAIKH AND ANOTHER

VERSUS

THE DISTRICT COLLECTOR AND OTHERS ...

Mr.D.R. Kale, G.P. for respondent/State.

Mr.R.S. Gangakhedkar, advocate for respondent no.3.

...

CORAM : S.V. GANGAPURWALA AND S.G. DIGE, JJ.

DATE : 27th JANUARY, 2022 PER COURT :- .

The matter was circulated for 18th January, 2021. On the said date, none appeared for the petitioner though the matter was called out twice. The matter was adjourned to 15th March, 2022. However, without mentioning the said aspect again fresh circulation note is moved and as all fresh circulations are granted, the date of today is given.

2.

Today, when the matter is called out, none appears for the petitioner.

3.

It appears that the order passed under section 14 of the SARFAESI Act, 2002 is challenged.

588.22WP.odt 4.

Mr.Gangakhedkar, learned counsel appears for the respondent no.3 and submits that Debt Recovery Tribunal, Aurangabad is functional and the matter would lie before the D.R.T.

Aurangabad.

5.

In the light of above, the Writ Petition is disposed of. The petitioner is at liberty to assail the order impugned in the present Writ Petition by filing proceedings before the appropriate Forum. In that event, all the contentions are kept open.

6.

Writ Petition is disposed of. No costs.

(S.G.DIGE, J.) (S.V. GANGAPURWALA, J.) SGA