Balwindersingh Kripalsingh Bhamra v. Shikshak Sahakari Bank Ltd., Thr. Authorised Officer, Nagpur

WP.440.22

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR, NAGPUR.

WRIT PETITION NO. 440 OF 2022 Balwindersingh Kripalsingh Bhamra ..Petitioner versus Shikshak Sahakari Bank Ltd.

..Respondent Mr R.K.Thakkar, Advocate for Petitioner Mr. N.L. Jaiswal, Advocate for Respondent CORAM: NITIN JAMDAR & ANIL L. PANSARE,JJ.

DATED : 15 FEBRUARY 2022.

P.C. :

Heard learned counsel for the parties.

2.

In essence, what the Petitioner seeks to contend that the Petitioner has repaid all the dues of the Respondent-Bank and, therefore, the Respondent-Bank should not proceed further under the provisions of Securitization & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 and should return all the title-deeds to the Petitioner. 3.

Learned counsel for the Respondent-Bank states that the Petitioner has also approached the Debts Recovery Tribunal (DRT)

WP.440.22 and the DRT is functioning with charge at Mumbai. Learned counsel for the Respondent-Bank further states that the Bank does not intend to proceed against the Petitioner in any manner. Therefore, the question remains is only for the declaration that the petitioner does not owe any dues to the Respondent-Bank and consequential direction to return the title-deeds to the petitioner. This relief falls within the ambit of the Application which the Petitioner has already made before the DRT.

4.

Considering that the issue is very narrow, the DRT will consider taking up the matter of the Petitioner. 5.

Writ Petition is disposed of.

[ANIL L. PANSARE,J.] [NITIN JAMDAR,J.] sahare BHAGWANTRAO SAHARE Location: