Balkrishna Laxman Pendharkar v. The Sangamner Merchants Co Operative Bank Ltd Through Its Branch Office And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 3547 OF 2017 (Balkrishna Laxman Pendharkar Vs. The Sangamner Merchants Co-operative Bank Ltd. Through its Branch Office and another) ---- Mr. Amol S. Gandhi, Advocate for the Petitioner ---- CORAM :

S.V. GANGAPURWALA AND SANGITRAO S. PATIL, JJ.

DATE : 16th MARCH, 2017 PER COURT :

We have heard Mr. A.S. Gandhi, the learned counsel for the petitioners.

2.

It is submitted that the possession is taken by the respondent-bank. Every action under section 13 (4) of the Securitization And Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, "SARFAESI Act") gives rise to a fresh cause of action. The petitioner has an alternate remedy under section 17 of the SARFAESI Act.

3.

In view of the above, though Mr. Gandhi sought to canvas the submissions on merits, we are not inclined to consider the same. The Writ Petition is disposed of

wp3547-2017 with liberty to the petitioner to avail of the alternate remedy available in law. All contentions are kept open. No costs.

[SANGITRAO S. PATIL] [S.V. GANGAPURWALA] JUDGE JUDGE npj/wp3547-2017