M/S New Star Ent. Prop. Sajid Mirza Salar Mirza v. The Akola Janta Comm. Co-Op. Bank Ltd. Thr. C.E.O. Akola And Oths

Order 0103wp2548-10

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION No. 2548 OF 2010 .

M/s. New Star Enterprizes.

... PETITIONER.

VERSUS

1.The Akola Janta Commercial Co-op.

Bank Ltd., Akola and others.

... RESPONDENTS.

--------------------- Mr. A. Ghare, Advocate for the Petitioner.

---------------------------------- CORAM : NITIN JAMDAR AND ANIL L. PANSARE, JJ.

DATE : 1 MARCH 2022.

P.C.

The Petitioner has filed this petition in respect of action of Respondent - Bank under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 with a contention that the same is not applicable to the Cooperative Banks.

2.

While issuing Rule, it was clarified that the interim order, which was conditional, had ceased to operate for non fulfillment of

Order 0103wp2548-10 the condition. The learned Counsel for the Petitioner fairly points out that the legal issue is already answered. The proceedings under the 2002 Act must have proceeded further. Nothing survives in this petition. Writ Petition is accordingly disposed of. Rule discharged. No costs.

(ANIL L. PANSARE, J) (NITIN JAMDAR, J) Rgd Signed By:RAKESH GANESHLAL DHURIYA Private Secretary High Court of Bombay, at Nagpur