Sudhir Gangabisan Kalantri v. Icici Bank Limited And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13098 OF 2024 Sudhir Gangabisan Kalantri .. Petitioner Vs.

ICICI Bank Ltd., Pune and Ors.

.. Respondents Mr. Tushar N. Sonawane with Mr. Piyush Toshniwal, Advocates for the Petitioner.

Mr. Allan David, Advocate, i/by MZM Legal, for Respondent Nos.1 and 2. Mr. B.V. Samant, Additional Government Pleader with Ms. Kavita N. Solunke, Assistant Government Pleader for the Respondent-State of Maharashtra.

CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 19TH SEPTEMBER 2024 P.C. :

1.

The petitioner is aggrieved by an order passed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ("Act of 2002") dated 16th December 2023. Since the notice dated 5th July 2024 has been issued by the Court Commissioner proposing to take over possession on 20th September 2024, the petitioner has filed this writ petition.

2.

We find that under Section 17(1) of the Act of 2002, an alternate efficacious remedy is available to the petitioner. In that view of the matter, we are not inclined to entertain the writ petition. Keeping all points raised open for being urged in appropriate proceedings, the writ petition is disposed of. No costs.

[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] Digitally signed by SNEHA ABHAY DIXIT Date:

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