The Court dismissed the Writ Petition challenging a Section 13(2) notice. It held that an alternate remedy of appeal to the Debts Recovery Tribunal was available under the Act.
Petition dismissed; interim orders, if any, vacated.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 7854 OF 2007
Ashok Namdeo Kamble ... Petitioner
V/s.
Housing Development Finance ... Corporation Limited & Anr. Respondents
Mr. R.V. Bansode for the Petitioner
Mr. H.H. Thakore with Ms. Agnes Baradia for the Respondents.
CORAM: J.N. PATEL AND A.A. SAYED, JJ. DATE: NOVEMBER 2, 2007
P.C .:-
1
could not have been again mortgaged with the respondent-Bank and, consequently, the respondent-Bank would have no jurisdiction to claim a right in the property.
appeal to the Debts Recovery Tribunal under the Act; and, therefore, the petition is dismissed. Interim orders, if any, stand vacated.
J.N. PATEL, J.
A.A. SAYED, J.
2
1 issue framed by the court
Whether this Court can entertain a Writ Petition challenging the notice issued under Section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act
1 provisions across 1 enactments
Ashok Namdeo Kamble
Housing Development Finance Corporation Limited & Anr.
J.N. PATEL
A.A. SAYED
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
