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Bombay High CourtWP/2824/2025disposed off

Sachin Dinkar Patil And ANR v. The State Of Maharashtra Through Ld. Chief Judicial And ORS

2025-02-27Hon'Ble Shri Justice M. M. Sathaye , Hon'Ble Shri Justice A.S. Chandurkar2 pages

1 904-WP-2824-2025.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2824 OF 2025 Sachin Dinkar Patil And Anr

...Petitioners

Versus

The State of Maharashtra and Ors.

...Respondents

**** Mr. Kishor Shinde a/w Mr. Rajesh Bhavsar, Advocates for the Petitioners. Mr. N.C. Walimbe, Addl. Government Pleader a/w Mr. Y.D. Patil, Assistant Government Pleader for the Respondent No.1/State. Mr. R.J. Singh a/w Mrs.Ira Singh, Advocates for the Respondent No.3. **** SNEHA NITIN CHAVAN SNEHA NITIN CHAVAN Date: 2025.02.28 10:22:31 +0530 CORAM :

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

DATE :

27th FEBRUARY 2025 P.C. :

1.

The Petitioners again seek to raise challenge to the order dated 24.09.2024 passed by the learned Tribunal under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. It is seen that the Petitioners have approached the Debt Recovery Tribunal by filing Securitisation Application No. 454 of 2024 on 25.02.2025. The learned Presiding Officer did not grant any interim relief. As a result, the possession of the secured asset was taken on the same day.

2. Since the remedy of approaching the Debt Recovery Appellate Tribunal is available and as the Petitioners have already lost possession, we are not inclined to entertain the Writ Petition. With liberty the Petitioner to approach the Debt Recovery Appellate Tribunal for Sneha Chavan 1/2

2 904-WP-2824-2025.doc challenging the order dated 25.02.2025, the Writ Petition is disposed of as not entertained.

3.

All points on merits are kept open. In case the Petitioners approach the Debt Recovery Appellate Tribunal, the proceedings be considered expeditiously in accordance with law. (M.M. SATHAYE, J.) (A.S.CHANDURKAR, J.) Sneha Chavan 2/2