The Court dismissed the writ petition filed to restrain a bank from taking possession of a flat. The Court held the petition was not entertained preliminarily due to the existence of an alternate remedy via appeal before the District Court against the relevant Magistrate order.
The writ petition was dismissed with no interim relief granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
WP. 304-17
VPH
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION No. 304 OF 2017
Nalini Ashok Panchal … Petitioner Vs. State of Maharashtra & Ors. … Respondents
Mr. Prabhakar Pandey, for the Petitioner.
Mr. N. C. Walimbe, AGP for the Respondent - State.
CORAM : V. M. KANADE, & P. R. BORA, JJ.
DATE : FEBRUARY 8, 2017 PC.
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WP. 304-17
Goverdhan Apartment, Anand Ashram Road, Palghar, pending the hearing and final disposal, and not to dispossess the Petitioner from the possession of the flat No. C-103.
(c) This Hon'ble Court be pleased to issue notice to the all Respondents.”
Vinayak Halemath
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2 issues framed by the court
Whether to entertain the writ petition for interim stay against bank's possession of the flat when an alternate judicial remedy exists.
Whether the writ petition should be dismissed given the availability of an appeal remedy.
1 provisions across 1 enactments
Nalini Ashok Panchal
State of Maharashtra & Ors.
Respondent Sub-Divisional Shamrao Vitthal Co-op. Bank
V. M. Kanade
P. R. Bora
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
