Shrinivas Kashinath Lapalikar v. Reserve Bank Of India

1 4 WP-5238-2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BHARAT DASHARATH PANDIT ORDINARY ORIGINAL CIVIL JURISDICTION by BHARAT DASHARATH PANDIT Date: 2025.02.03 18:15:29 +0530 WRIT PETITION NO. 5238 OF 2024 Shri Shrinivas Kashinath Lapalikar .... Petitioner.

V/s Reserve Bank of India and Another ....Respondents.

Ms. Prashansha Agarwal with Ms. Priyanka Chiipa i/b Nahush Advocates for the petitioner.

Ms. Drashti Sethia with Mr. Raj S. Satam, Advocates for respondent no.2.

**** CORAM :

A. S. CHANDURKAR & M. M. SATHAYE, JJ.

DATE :

3rd FEBRUARY 2025 P.C. :

The challenge raised in this writ petition is to the notice dated 07/03/2024 issued under Section 13(2) of the the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Act of 2002, for short). This notice has been issued by respondent no.2 which is a non-banking company. In the light of the judgment of the Supreme Court in Special Leave Petition (C) Nos. 25252627 of 2025 dated 24/01/2025 (S. Shobha vs. Muthoot Finance Ltd.), the writ petition in its present form would not be maintainable. Hence, with liberty to the petitioner to approach the Debts Recovery Tribunal on steps being taken under Section 13(4) of the Act, 2002, this writ petition is disposed of as not entertained. All points on merits are kept open.

(M. M. SATHAYE, J.) (A. S. CHANDURKAR, J.) BDP-SPS 1/1