Sushil Prabhakarbhai Kansara And ANR. v. Nkgsb Co-Op Bank Ltd. And ANR.

KVM 1/2 36 - WP 2928 OF 2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

by KANCHAN VINOD MAYEKAR Date:

2024.09.10 19:04:10 +0530 KANCHAN VINOD MAYEKAR CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2928 OF 2024 Sushil Prabhakarbhai Kansara & Anr.

..... Petitioners

VERSUS

NKGSB Co-op. Bank Ltd. & Anr.

..... Respondents Mr.Sagar Tambe i/b. Mr. Shivraj Patil for the Petitioners. Ms. Kavita N. Solunke, A.G.P. for the State.

CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 9th SEPTEMBER, 2024 P.C. :- The petitioners have raised a challenge to notice issued to them by the Circle Officer on 8th December 2023 by which they have been called upon to handover possession of the secured asset in view of the order passed in Securitization Case No. 147 of 2021.

2.

In view of the alternate remedy available to the petitioners, we are not inclined to entertain the writ petition. The writ

KVM 2/2 36 - WP 2928 OF 2024.doc petition is accordingly disposed of with liberty to raise the challenge to the notice dated 8th December 2023 before the Debt Recovery Tribunal. All points raised are kept open. Ordered accordingly.

[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]