Parents And Teachers Sassocition Of Mahadevrao Naykude Dnyanvikas Prabodhini v. Kallappanna Awade Ichalkaranji Jananta Shaakari Bank Ltd. And ORS

901 wp 11104-23.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 11104 OF 2023 Parents and Teacher Associate of Mahadevrao Naykude Dyanvikas Prabodhini .. Petitioner by LAXMI SUBHASH SONTAKKE Date:

2023.09.06 16:44:51 +0530 LAXMI SUBHASH SONTAKKE

Versus

Kallappanna Awade Ichalkaranji Janata Shaakari Bank Ltd. & Ors.

.. Respondents Mr. Vaibhav Sugdare a/w Nilesh Patil for the Petitioner. Mr. Satyajeet Rejshirke for Respondent Nos. 2 and 3.

CORAM

: B. P. COLABAWALLA & M. M. SATHAYE, JJ.

DATE : SEPTEMBER 05, 2023 P. C.

1.

The above Writ Petition is filed seeking to challenge the order dated 21st August, 2023 passed by the DRT, Pune in Interim Application No. 1746 of 2023 in Securitization Application No. 229 of 2022. By the impugned order, the DRT dismissed the application filed by Respondent No. 6 and refused to grant any protection to them. Surprisingly, the above Writ Petition is not filed by Respondent No.6 herein, but by the Parents and Teacher Associate of Mahadevrao Naykude Dyanvikas Prabodhini.

SEPTEMBER 05 2023 Laxmi

901 wp 11104-23.doc 2.

The grievance made is that the impugned order will severely prejudice the Petitioner. We find that the Petitioner has an alternate remedy to approach the DRAT under Section 18 of the SARFAESI Act, 2002. We are therefore not inclined to entertain the above Writ Petition and relegate the Petitioner to avail of the alternate remedy.

3.

The above Writ Petition is accordingly dismissed. No order as to costs.

4.

Personal Assistant of this Court. All concerned will act on production by [ M. M. SATHAYE, J.] [ B. P. COLABAWALLA, J.] SEPTEMBER 05 2023 Laxmi