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Bombay High CourtWP/4099/2024absolute

Pyramid Developers v. Union India Through Ministry Of Finance

2024-09-24Hon'Ble Shri Justice Rajesh S. Patil , Hon'Ble Shri Justice A.S. Chandurkar2 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO.4099 OF 2024 Pyramid Developers, Santacruz, Mumbai .. Petitioner Vs.

Union of India, Through Ministry of Finance and Ors.

.. Respondents Mr. Prathamesh Kamat with Mr. Kayush Zaiwalla, i/by Ms. Sapana Rachure, Advocates for the Petitioner.

Mr. Ankit Upadhyay, Advocate, i/by BLAC & Co., for Respondent No.2. Mr. Prajot H. Jaggi with Ms. Pallavi Kulkarni and Ms. Daksha Parmar, Advocates for Respondent No.3.

Smt. Anupamaa Pawar, Assistant Government Pleader for Respondent No.4-State of Maharashtra.

CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 24TH SEPTEMBER 2024 P.C. :

1.

The learned counsel for the petitioner by referring to the Notifications dated 24th February 2020 and 12th February 2021, under Section 2 of the Securitization and Reconstruction of Financial Assets an Enforcement of Security Interest Act, 2002, issued by the Ministry of Finance, New Delhi seeks issuance of a writ of prohibition on the ground that the respondent no.3 could not have initiated proceedings under Section 14 of the Act of 2002.

2.

The learned counsel appearing for respondent no.3 is granted time to file affidavit-in-reply.

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3.

Put up for further consideration on 15th October 2024. 4.

In the meanwhile, the petitioner to serve copies of the writ petition on respondent nos.1 and 2.

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

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