Sangita Vaijinath Kamble v. The State Of Maharashtra Through The Principle Secretary And Others

SNEHA ABHAY DIXIT SNEHA ABHAY DIXIT Date: 2025.04.21 21:03:06 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.5119 OF 2025 Suresh Kumar Sabhajit Vishwakarma and Anr.

.. Petitioners Vs.

State of Maharashtra and Ors.

.. Respondents Ms. Maniksha Sharma, Advocate for the Petitioners. Mr. S.B. Kalel, Assistant Government Pleader for Respondent Nos.1, 3 and 12 to 14.

Mr. R.L. Motwani, Advocate for Respondent No.2. CORAM : A.S. CHANDURKAR & M.M. SATHAYE, JJ DATE : 21ST APRIL 2025.

P.C. :

1.

The petitioners seek restoration of possession of the secured asset that is stated to have been taken by the Respondent no.2 - Creditor pursuant to an order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 dated 6th March 2024. Since this prayer would require factual adjudication and the remedy of approaching the Debts Recovery Tribunal is available to the petitioners, we are not inclined to entertain the writ petition.

2.

With liberty to approach the Debts Recovery Tribunal, the writ petition is disposed of as not entertained.

3.

Without prejudice to the rights and contentions of the parties, the statement made on behalf of Respondent no.2 Bank that for a period of ten days from today, no further steps would be taken with regard to the aforesaid secured asset, is recorded.

[ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ] 1/1 9-WP-5119-2025.doc Dixit