M/S Taksh Cold Chain Through Partner Darshan M. Bhoot And Others v. The Authorized Officer, Uco Bank, Mumbai

1.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 3660 OF 2019

1. M/s. Taksh Cold Chain, Through its Partner, Darshan Maoharlal Bhoot Deegee House, Devrankar Nagar, Badnera Road, Amravati - 444603

2. Darshan Monoharlal Bhoot Aged 36 years, Occ.: Business

3. Poonam Darshan Bhoot Aged 34 years, Occ.: Business

4. Aditya Monoharlal Bhoot Aged 34 years, Occ.: Business

5. Pallavi Aditya Bhoot Aged 32 years, Occ.: Business .. Petitioners

6. Manoharlal Devkaranji Bhoot Aged 66 years, Occ.: Business, Petitioners 2 to 6 All R/o Deegee Estate, Devrankar Nagar, Amravati - 444 607

7. MDA Agrocot Pvt. Ltd.

Through its Director Aditya Monoharlal Bhoot Shop Nos.21, 22, Gulshan Towers, Moffisal Plot, Amravati - 444401

Versus

The Authorized Officer UCO Bank, Flagship Corporate Branch, Mafatlal Centre, 1st Floor, Nariman Point, Mumbai - 400021 .. Respondent Mr. Rohan Chandurkar, Advocate for petitioners. Mr. S.V. Bhutada a/w Mr. Yash J. Maheshwari, counsel for respondent. CORAM : SUNIL B.SHUKRE & VALMIKI SA MENEZES JJ.

DATE : 08.09 .20 .

O R A L J U D G M E N T (Per :Sunil B.Shukre, J.) 1.

Heard.

2.

Rule. Rule made returnable forthwith. Heard finally by consent of the learned counsel appearing for the parties. 3.

We are of the view that this petition can be disposed of, if clarification and a rider is added to the impugned notice. Accordingly, we clarify that no forcible possession can be taken on the strength of the impugned notice and if it is taken, it shall be only in accordance with law in particular, after obtaining an order from Competent Authority under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002t.

4.

The petition stands disposed of with the above clarification and rider. Rule is made absolute in above terms . No costs. JUDGE JUDGE

Kavita.

Signed By:KAVITA PRAVIN TAYADE P. A.