M/S. Vijay Pulses Thr. Partner Vinaykumar Mannulal Agrawal v. The Akola Urban Co-Operative Bank Ltd. Thr. Its Chairman, Akola And Others

WP.4009.21

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT NAGPUR, NAGPUR.

...

WRIT PETITION N0 :

4009/2021 M/s Vijay Pulses Through its Partner :Vinaykumar Agrawal ..Petitioner versus 1) The Akola Urban Cooperative Bank Ltd Th: Its Chairman and others ..Respondents ...................................................................................................... Mr. Suyash Agrawal, Adv. i/b Mr.Dr.Renuka Sirpurkar, Advocate for petitioner Mr Ved Deshpande, Advocate for Respondents 1 and 2 Mr. R. Jain, Advocate for Respondent 4 .......................................................................................................

CORAM

: ROHIT B.DEO & ANIL L.PANSARE, JJ.

DATE D : 29th August, 2022.

P.C. :

Mr.Suyash Agrawal, learned Advocate h/for Dr.Renuka Sirpurkar, seeks adjournment on the ground that Mrs. Sirpurkar is not available in the Court.

2.

We have noticed that the a notice u/s 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short 'Act of 2002') has been issued to the petitioner on 30.08.2021 by the Respondent No.2-Bank. Admittedly, the remedy under the Act of 2002 lies before the Debts Recovery Tribunal. Learned Advocate for the petitioner submits that at the time when the petition was filed, the post of learned Presiding Officer of the Debts Recovery Tribunal

WP.4009.21 was vacant. The DRT is now functional.

3.

We accordingly dismiss this petition by granting liberty to the petitioner to approach the appropriate forum. All contentions raised in the petition are kept open.

4.

The interim relief granted vide order dated 29th October, 2021 shall continue to operate till 12th September, 2022. [ANIL L.PANSARE, J.] [ROHIT B.DEO, J.] sahare BHAGWANTRAO SAHARE Location: