Ripu Daman Singh Bedi S/O. Sukhpritsingh Bedi v. The Collector, Nagpur And Others

1 WP4579-22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 4579/2022 (RIPUDAMAN SUKHPRITSINGH BEDI VERSUS THE COLLECTOR, NAGPUR & OTHERS) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri G.G. Gurve, counsel for the petitioner.

Ms S.S. Jachak, Assistant Government Pleader for the respondent nos.1 to 3. Shri M.Anilkumar, counsel for the R-4.

CORAM : A. S. CHANDURKAR AND URMILA JOSHI-PHALKE , JJ.

D ATE : AUGUST 05 , 202 2 .

The petitioner in this writ petition has challenged the communication dated 22.07.2022 issued by the Executive Magistrate to the Senior Police Inspector, Kapil Nagar to provide for security since the notice issued under Section 13 of the Securitisation and Reconstruction of Financial Assets and Security Interest Act, 2002 is sought to be executed. We find that the possession notice was issued on 29.08.2018. An alternate remedy is available to the petitioner to assail the action taken pursuant to such notice. Hence we are not inclined to entertain the writ petition. At this stage, the learned counsel for the petitioner submits that the petitioner is interested in making a proposal for one time settlement of the dues. The learned counsel for the respondent no.4 however submits that the dues have been transferred to Assets Care and Reconstruction Enterprise Limited.

In that view of the matter, it is open for the petitioner to make such request to the Creditor to whom the assets have been transferred. If such proposal is made, the Creditor is free to consider the same in accordance with law.

The writ petition is disposed of.

(URMILA JOSHI-PHALKE, J.) (A. S. CHANDURKAR, J.) byROHIT DATTATRAYA APTE APTE