Pratap Chemical Industries Pvt Ltd., Through Director, Premchand Ramchandra Agrawal v. The Indian Bank, Through Authorised Officer, Nagpur

2024:BHC-NAG:10965-DB 53-WP-4978-24.odt 1/1

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR.

WRIT PETITION NO.

OF 20 Pratap Chemical Industries Pvt. Ltd. Thr. Director Premchand Ramchandra Agrawal, Nagpur -vsThe Indian Bank (Erstwhile Allahabad Bnak) Thr. Authorised Officer, Civil Lines, Nagpur ------------------------------------------------------------------------------------------------------------------------------------ Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders.

or directions and the Registrar's orders.

------------------------------------------------------------------------------------------------------------------------------------ Shri Rishabh Khemuka, Advocate for petitioner. Shri A. T. Purohit, Advocate for respondent.

CORAM : BHARATI DANGRE AND ABHAY J. MANTRI, JJ. DATE : September 30, 2024 1.

On hearing the learned counsel for the petitioner and on perusal of the pleadings in the petition, we are satisfied that the petitioner has an alternate remedy and therefore we refrain ourselves from exercising our writ jurisdiction.

The decision of the Honourable Apex Court in United Bank of India vs. Satyawati Tondon and ors., 2010(6) Mh.L.J. 721 as well as the decision in PHR INVENT Educational Society vs. UCO Bank and ors. (2024) 6 SCC 579 has made it clear that when an alternate statutory remedy is available before the Debts Recovery Appellate Tribunal, the High Court shall not exercise its writ jurisdiction. 2.

In the wake of above, since we are not convinced to exercise our power for entertaining the petition and grant of relief in the wake of alternate and effective remedy being available, the writ petition is dismissed. No order as to costs.

(Abhay J. Mantri, J.) (Bharati Dangre, J.) Asmita