Ashok Jagnath Salunke v. M/S International Assets Reconstruction Company Private Ltd Through Bank Of Baroda And Others

1 935-wp 10848-2021.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 10848 OF 2021 Ashok Jagnath Salunke .. Petitioner

Versus

M/s International Assets Reconstruction Company Private Ltd., through its authorized representative/Managing Director and CEO Mr. Birendra Kumar and others .. Respondents Mr. S. S. Thombre, Advocate h/f Mr. M. S. Karad, Advocate for the Petitioner.

Mr. A. R. Kale, AGP for Respondents/State.

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

DATED : 29th September, 2021.

PER COURT:- .

We have heard Mr. Thombre, learned counsel for the petitioner. 2.

Though Mr. Thombre, learned counsel sought to canvass submissions on merits of the matter and also has submitted that earlier also in respect of similar sale, this Court had entertained the writ petition.

3.

Considering the fact that, the petitioner has an efficacious alternate remedy available under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002, it would not be appropriate to entertain the petition on merits.

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The petitioner is at liberty to avail alternate remedy available. In that event, all contentions are kept open.

5.

With these aforesaid observations and the liberty, the writ petition is disposed of. No costs.

6.

Needless to state that, the forum where the proceedings would be filed may consider the time spent and order passed by the Court in Suo Motu Writ Petition No. 3 of 2020.

( R. N. LADDHA ) ( S. V. GANGAPURWALA ) JUDGE JUDGE P.S.B.