Shantadurga Transport Co. Pvt. Ltd., Thr. Its Man. Director, Sharad Keshkamat., v. Karnataka Bank Ltd., Thr. Its Aut. Rep. And 2 ORS.,

1 WP No.41/2020 dtd. 03.02.2020

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.41 OF 2020 SHANTADURGA TRANSPORT CO.

PVT.LTD., THR. ITS MANAGING DIRECTOR, SHARAD KESHKAMAT.

.... Petitioner

Versus

KARNATAKA BANK LTD., THR. ITS AUTHORIZED REPRESENTATIVE AND 2 ORS.

.... Respondents Mr. Ashwin D. Bhobe with Ms. K. Govenkar, Advocates for the Petitioner.

Mr. S.P. Munj, Addl. Government Advocate for the Respondents No.2 and 3.

Coram:- M.S. SONAK & SMT. M. S. JAWALKAR, JJ.

Date:- 3rd February, 2020 ORAL ORDER (Per M.S. Sonak, J.) Heard Mr. Ashwin D. Bhobe with Ms. K. Govenkar for the Petitioner and Mr. S. P. Munj, Additional Government Advocate for Respondents No.2 and 3.

2.

The challenge in this petition is to the action taken by the District Magistrate under the provisions of the Securitisation and

2 WP No.41/2020 dtd. 03.02.2020 Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002).

3.

Taking into consideration the view taken by us in the case of Crosscraft Private Ltd. v. Authorized Officer, Madgaum Urban Co-op. Bank Ltd. and others - (2019) 2 AIR Bom R 458 as also, the several decisions of the Hon'ble Apex Court referred to therein, we are not inclined to entertain the present petition, more particularly since, the petitioners, have alternate and efficacious remedy available to them under the SARFAESI Act, 2002.

4. Accordingly, we dismiss this petition but however grant liberty to the petitioners to avail of the alternate remedies available to them under the SARFAESI Act, 2002.

SMT. M. S. JAWALKAR, J.

M. S. SONAK, J.

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