Writ petition challenging notice of possession by secured asset was disposed of without merits as no imminent threat existed. Liberty granted to explore remedy under Section 17 of the SARFAESI Act.
Liberty granted to petitioners to explore remedy under Section 17 of the SARFAESI Act.
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Urmila Ingale
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
Digitally signed by URMILA URMILAPRAMOD PRAMOD INGALE INGALE Date:2022.02.04 10:54:08 +0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 1072 OF 2022
Mr. Pritam Genubhau Shende and anr. .. Petitioners Vs.
Authorised Officer CFM Assets Reconstruction Pvt. Ltd. and anr. .. Respondents
Mr. Ravi Londhe i/b Ms. Dhanashree Y. Bhate, for Petitioners.
Mr. Rohit Gupta a/w Mr. Mayank Samuel i/b Sirius Legal, for Respondent No.1. Mr. M. M. Pable, AGP for State.
CORAM : DIPANKAR DATTA, CJ & M. S. KARNIK, J.
DATE : FEBRUARY 3, 2022
P.C. :
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no.1 will take further steps to ensure that fresh notice of possession is issued by the concerned authority fixing a date in March 2022 for taking possession of the secured asset.
4. All contentions are left open.
(M. S. KARNIK, J.) (CHIEF JUSTICE)
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2 issues framed by the court
Whether writ petition regarding notice of possession should be kept pending for a decision on merits given no imminent threat.
Whether petitioners should be granted liberty to explore remedies under Section 17 of the SARFAESI Act.
1 provisions across 1 enactments
Mr. Pritam Genubhau Shende
Authorised Officer CFM Assets Reconstruction Pvt. Ltd.
Dipankar Datta
M. S. Karnik
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
