Star Hotels And Tours Pvt Ltd v. Madhusudan Dhirajlal Mehta And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT CIVIL APPELLATE JURISDICTION BHARAT DASHARATH PANDIT Date: 2025.01.21 17:10:49 +0530 WRIT PETITION NO. 657 OF 2025 ALONGWITH INTERIM APPLICATION NO.596 OF 2025 IN WRIT PETITION NO. 657 OF 2025 M/s. Star Hotels & Tours Pvt. Ltd.

..... Petitioner.

V/s.

Mr. Madhusudan Dhirajlal Mehta and Others ..... Respondents.

----- Mr. A.S. Pande, Advocate for the petitioner.

Mr. Charles D'Souza a/w Mr. Manswi Agrawal Ms. Balomi Kalwade & Mr. Rupak Sawangikar, Advocates for respondent no.3. ------ CORAM : A.S. CHANDURKAR & M. M. SATHAYE, JJ.

DATE : 20TH JANUARY, 2025 P.C. :

1] On hearing the learned counsel for the petitioner, we find that against the order dated 11/12/2024 passed by the learned Presiding Officer, Debts Recovery Tribunal, the remedy of filing an appeal before the Debts Recovery Appellate Tribunal is available. For this reason, we are not inclined to entertain the writ petition.

2] The learned counsel for the petitioner submits that the petitioner's goods are lying with the bank. It is open for the petitioner to move the Debts Recovery Tribunal/Debts Recovery Appellate Tribunal to seek return 1/2 5 WP-657-25.doc bdp-sps

of goods that are not hypothecated. Keeping all points on merits open, the writ petition is disposed of as not entertained. The Interim Application is also disposed of.

[ M. M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ] 2/2 5 WP-657-25.doc bdp-sps