Manish Om Parkash Singal v. The Hongkong And Shanghai Banking Corporation Limitedsh Om Parkash Singal

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.18049 OF 2024 Manish Om Parkash Singal .. Petitioner Vs.

The Hongkong and Shanghai Banking Corporation Ltd., Mumbai and Anr.

.. Respondents Mr. Mohit Bhardwaj, Advocate for the Petitioner. Mr. Santosh Bhide with Ms. Kritika Joshi, Advocates, i/by Bhide & Associates, for the Respondent-Bank.

Mr. N.C. Walimbe, Additional Government Pleader with Ms. D.M. Kapadia, Assistant Government Pleader for the Respondent-State of Maharashtra.

CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 9TH DECEMBER 2024.

P.C. :

1.

We have heard the learned counsel for the parties. 2.

The challenge raised in this writ petition is to an order dated 26th November 2024 passed by the learned Chief Judicial Magistrate, First Class in proceedings under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. By that order, the learned Chief Judicial Magistrate has observed that there was no provision under Section 14 of the Act of 2002 to file a reply to such proceedings.

3.

We find that as of today there is no cause of action for the petitioner to approach this Court. There is no order passed under Section 14 of the 1/2 Digitally signed by SNEHA ABHAY DIXIT Date:

2024.12.09 16:49:28 +0530 Dixit SNEHA ABHAY DIXIT 22-WP-18049-2024.doc

Act of 2002. In case any such order is passed, the remedies of the petitioner are open.

4.

The learned counsel for the petitioner then submits that petitioner is willing to settle the dues of the respondent no.1-Bank. It is always open for the petitioner to approach the Bank and settle his dues. 5.

The writ petition is therefore not entertained and it is accordingly disposed of. All points on merits are kept open. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 2/2 22-WP-18049-2024.doc Dixit