The petitioner challenged the Respondent Bank's action under the 2002 Act, arguing it was inapplicable to Cooperative Banks. The court noted the legal issue was already answered in other proceedings.
Writ petition disposed of; rule discharged.
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.
Order
0103wp2548-10
1
IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR.
WRIT PETITION No. 2548 OF 2010 .
M/s. New Star Enterprizes. ... PETITIONER.
VERSUS
1.The Akola Janta Commercial Co-op. Bank Ltd., Akola and others. ... RESPONDENTS .
Mr. A. Ghare, Advocate for the Petitioner.
CORAM : NITIN JAMDAR AND ANIL L. PANSARE, JJ. DATE : 1 MARCH 2022.
P.C.
The Petitioner has filed this petition in respect of action of Respondent – Bank under the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 with a contention that the same is not applicable to the Cooperative Banks.
Order
0103wp2548-10
2
the condition. The learned Counsel for the Petitioner fairly points out that the legal issue is already answered. The proceedings under the 2002 Act must have proceeded further. Nothing survives in this petition. Writ Petition is accordingly disposed of. Rule discharged. No costs.
(ANIL L. PANSARE, J) (NITIN JAMDAR, J)
Rgd
Signed By:RAKESH GANESHLAL DHURIYA Private Secretary High Court of Bombay, at Nagpur Signing Date:08.03.2022 16:03
2 issues framed by the court
Whether theSecuritization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 is applicable to Cooperative Banks.
Whether the proceedings under the 2002 Act must continue after an interim order ceased to operate.
1 provisions across 1 enactments
M/s. New Star Enterprizes
The Akola Janta Commercial Co-op. Bank Ltd.
Nitin Jandgar
Anil L. Pansare
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
