M/S Potdar Foundation Taloda Thro Its Chairperson President v. The State Of Maharashtra And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY,

BENCH AT AURANGABAD 1.

WRIT PETITION NO. 11322 OF 2019 M/s. Potdar Foundation, Taloda

...Petitioner

VERSUS

The State of Maharashtra and others

...Respondents

Mr. N.P. Patil Jamalpurkar, Advocate for petitioner Mr. S.B. Pulkundwar, Asstt. Govt. Pleader for Respt. No. 1 C ORAM : S.V. GANGAPURWALA AND AVINASH G. GHAROTE, JJ.

DATE : 27th November, 2019 PER COURT :

1.

The petition, as filed, cannot be entertained. The petitioner has challenged the impugned notice under section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The petitioner has right to raise an objection to notice u/s. 13(3A) of the SERFAESI Act and further can approach the Debts Recovery Tribunal against action u/s. 13(4) of the Act.

2.

In the light of above, the writ petition is disposed of. No costs.

( AVINASH G. GHAROTE ) ( S.V. GANGAPURWALA ) JUDGE JUDGE Madkar