Shantaram Laxman Surwade v. Asset Reconstruction Co Ltd Mumbai And Others

2025:BHC-AUG:5810 {1} 933-wp-8297-2016

IN THE HIGH COURT OF JUDICATURE OF BOMBAY

BENCH AT AURANGABAD 933 WRIT PETITION NO. 8297 OF 2016 Shantaram Laxman Surwade

VERSUS

Asset Reconstruction Co Ltd Mumbai And Others .....

Mr. V.B. Garud, Advocate for petitioner Mr. Y.B. Bolkar, Advocate for respondent No. 1 .......

CORAM : MANJUSHA DESHPANDE, J.

DATE : 28th FEBRUARY, 2025 ORDER :

1.

Petitioner is challenging the common order dated 29.02.2016 passed by Civil Judge, Junior Division, Jamner below Exhibits-22 and 39.

2.

While passing the order, application was rejected by Civil Judge, Junior Division, Jamner holding that if the plaintiff has any grievance against the proceedings initiated by the defendant No. 1 and then he has an opportunity t appear before DRT under section 17 of Secularization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Under the SARFESI Act, there is bar for the jurisdiction of Civil Court. Therefore, plaintiff has efficacious remedy for redressal of Bhagyawant Punde

{2} 933-wp-8297-2016 grievance.

3.

Learned advocate for the petitioner places on record a copy of communication issued by respondent No. 1 dated 05.01.2022, which is marked as 'X' for identification. By the said communication, an offer was made to the borrower to deposit Rs. 5,00,000/- towards full and final settlement of loan and accordingly he has deposited the amount on 07.01.2022. Counter slips of the deposits made by borrower are annexed with the said communication along with payment receipt issued by respondent No. 1. According to the learned advocate for the petitioner, in view of settlement between borrower and respondent No. 1, nothing survives in the writ petition. 4.

In view of the same, writ petition is disposed of. (MANJUSHA DESHPANDE, J.) Bhagyawant Punde