Smt. Nirupa @ Neha Sandeep Ahirwar And Others v. State Of Maharashtra, Through The Secretary, Ministry Of Home Affairs, Mumbai And Others

Order 2201wp791.15

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR CRIMINAL WRIT PETITION No. 791/2015.

Smt. Nirupa @ Neha Sandeep Ahirwar and others. -VERSUSThe State of Maharashtra and others.

Office notes, Office Memoranda of Coram, appearances, Court's orders Court's or Judge's Orders or directions and Registrar's orders.

CORAM

: B.P. DHARMADHIKARI & V.M.DESHPANDE, JJ.

DATE : JANUARY 22, 2016.

Heard Shri S.V. Bhutada, learned counsel for the petitioners, Shri Ahirkar, learned A.P.P. for respondent nos. 1 to 5, Shri V.K. Paliwal, learned Counsel for respondent no.6 and Shri B.J. Lonare, learned counsel for respondent no.10.

2.

Shri Paliwal, learned counsel appearing on behalf of secured creditor and learned A.P.P., point out that petitioners have got remedy under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. In any case as there is no confiscation or forfeiture, Criminal Writ Petition is not maintainable.

Order 2201wp791.15 3.

Shri Bhutada, learned counsel attempts to demonstrate that petitioners before this Court are tenants, and remedy under section 17 is not available to them. However, in order to avoid any complication, he seeks leave to convert Criminal Writ Petition into Civil Writ Petition.

4.

Without prejudice to the rights and contentions of the parties, we grant said leave. Necessary steps be completed within a period of one week. Office to list the Writ Petition after one week as per roaster assignment.

JUDGE JUDGE Rgd.