Gurukrupa Udyog Samuh Thr Its Proprietor Hanumant Vasant Gajare v. The Union Of India Thr Its Secretary And Others

1 985-wp 7925-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 7925 OF 2021 M/s Gurukrupa Udyog Samuh Through its Proprietor Shri Hanumant Vasant Gajare .. Petitioner

Versus

The Union of India Through its Secretary and others .. Respondents Mr. Rajendra S. Kasar, Advocate for the Petitioner. Mr. A. G. Talhar, ASG for Respondent No. 1.

CORAM : S. V. GANGAPURWALA & R. N. LADDHA, JJ.

DATED : 23rd JULY, 2021.

PER COURT:- .

We have heard the learned counsel for the petitioner. 2.

Mr. Talhar, learned A.S.G. accepts notice for respondent No. 1 and submits that the petitioner has remedy before the Debts Recovery Tribunal under the provisions of the Secularization and Reconstruction of Financial Assets and Enforcement of Security Interest Act (hereinafter referred as 'SARFAESI Act').

3.

The petitioner is challenging the possession notice purportedly issued under Section 13 sub section 4 of the SARFAESI Act. The

2 985-wp 7925-2021.odt petitioner has alternate remedy under the Act. The petitioner can agitate all the points under the Act before the Tribunal. 4.

Writ petition is disposed of with liberty to the petitioner to avail alternate remedy. All contentions of the parties are kept open. No costs. ( R. N. LADDHA ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.