Govindprasad Gulabchand Bihani v. The Authorized Officer Dena Bank Zne Office Nashik And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION ST. NO.34946 OF 2018

1) Santoshidevi w/o Maheshkumar Tibdewal

2) Anuj s/o Maheshkumar Tibdewal ...PETITIONERS

VERSUS

The State of Maharashtra, Through it's Secretary, Revenue and Forest Dept., Mantralaya, Mumbai and others.

...RESPONDENTS ...

Mr.S.G. Dodya Advocate for Petitioners.

Mr.P.S. Patil, A.G.P. for Respondent Nos.1 to 3.

...

WITH WRIT PETITION ST. NO.34950 OF 2018 Govindprasad s/o Gulabchand Bihani ...PETITIONER

VERSUS

The Authorised Officer, Dena Bank, Zonal Office, 2nd and 3rd Floor, Sanchar Point Building, BSNL, Datt Mandir Road, Nashik - 422 101 and another.

...RESPONDENTS ...

Mr.S.G. Dodya Advocate for Petitioner.

...

CORAM: S.S. SHINDE AND K.K. SONAWANE, JJ.

DATE : 19TH NOVEMBER, 2018 ORDER :

1.

Not on Board. On mentioning, taken on Board. Learned counsel appearing for the Petitioners submits that already the Petitioners have approached the D.R.T., Aurangabad by way of filing applications.

2.

Since there is an alternate efficacious remedy available to the Petitioners under the

provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, we are not inclined to entertain these Petitions. Hence, both the Writ Petitions are rejected.

3.

We make it clear that we have not entered into the merits of the contentions raised by the Petitioners.

[K.K. SONAWANE, J.] [S.S. SHINDE, J.] asb/NOV18