M/S. Crystal Clear Veg Oil Refinary Pvt. Ltd., Amravati And Others v. The Authorised Officer And Assistant General Manager, The Cosmos Co-Op. Bank Ltd., Amravati

WP5840-15 FARAD CONTINUATION SHEET No.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH AT NAGPUR WRIT PETITION NO. 5840/2015 (M/S CRYSTAL CLEAR VEG OIL REGINARY PRIVATE LIMITED, DABHA & OTHERS VERSUS THE AUTHORIZED OFFICER AND ASSISTANT GENERAL MANAGER, AMRAVATI) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court's or Judge's orders appearances, Court's orders of directions and Registrar's orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri S.D. Khati and S.N. Fuladi, counsel for the petitioners. CORAM : SMT. VASANTI A. NAIK AND A.I.S. CHEEMA, JJ.

DATE : OCTOBER 19 , 2015.

Heard.

If the petitioners are aggrieved by the action of the respondent-Bank in taking symbolic possession of the property of the petitioners, the petitioners have a statutory efficacious remedy of filing an appeal under Section 17 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. In stead of availing the alternate remedy, the petitioners have approached this Court, challenging the notice dated 15.10.2015.

Since this Court is not inclined to entertain the writ petition in view of the availability of the alternate efficacious remedy, the learned counsel for the petitioners seeks permission to withdraw the writ petition so that the alternate remedy could be availed.

The prayer made by the learned counsel for the petitioners is granted.

The writ petition is disposed of as withdrawn. The points raised in the petition are kept open. JUDGE JUDGE APTE