M/S Ladlee Dulhan Through Proprietor v. The District Magistrate Aurangabad And Others

1 908 WP-12832-18

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 908 WRIT PETITION NO.12832 OF 2018 M/S LADLEE DULHAN THROUGH PROPRIETOR

VERSUS

THE DISTRICT MAGISTRATE AURANGABAD AND OTHERS ...

Advocate for Petitioner : Mr. Yogesh B. Bolkar AGP for Respondents 1 to 3 : Mr. P.S. Patil Adv. For Respondents No. 4 & 5 : Mr. C.S. Kulkarni ....

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

DATED : 11th DECEMBER, 2018 Order :- This Court under order dated 26th November, 2018 granted ad-interim relief subject to filing of undertaking by the petitioner. However, in the light of the observations made in order dated 26th November, 2018, the petitioner has not filed undertaking. The petition arises out of the provisions of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. ( for short "SARFAESI Act"). The petitioner has efficacious alternate remedy under the SARFAESI Act. In that view of the matter, we are declined to invoke extra-ordinary writ jurisdiction. Hence, writ petition stands rejected. We make it clear that we have not expressed any opinion on the merits of the contentions raised in the petition.

[ K. K. SONAWANE, J. ] [ S. S. SHINDE, J. ] MTK