This single paras Writ Petition was filed to challenge an order of the District Magistrate under Section 14 of the SARFAESI Act. The Court held that alternative remedies via the Debt Recovery Tribunal were available and no error on merits was shown, disposing of the petition without specific relief.
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.
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 3741 OF 2023
Padma Motilal Gadia and Ors. … Petitioners
vs.
State of Maharashtra and Anr.
… Respondents
Mr. Dinesh D. Tiwari with Ms. P. A. Pawar for Petitioner. Ms. Shruti D. Vyas, ‘B’Panel Counsel for Respondents State.
CORAM : NITIN JAMDAR AND ABHAY AHUJA, JJ. DATE : 27 MARCH 2023
P.C. :
. Inspite of remedy being available to the Petitioner before the Debt Recovery Tribunal to challenge the order passed by the Respondent -District Magistrate under Section 14 of the SARFAESI Act, this Writ Petition is filed.
2 Having perused the grounds and nothing that the challenge to the action is on merits, we see no reason why Petitioner cannot avail of the remedy of approaching the Debt Recovery Tribunal.
NIKITA YOGESH GADGIL
Digitally signed byNIKITA YOGESH GADGIL Date: 2023.03.28 10:14:09 +0530
3 Keeping all contentions of the parties open, Writ Petition is disposed of.
(ABHAY AHUJA, J.) (NITIN JAMDAR, J.)
1 of 1
Nikita Gadgil
1 issue framed by the court
Whether the Writ Petitioner has exhausted alternative remedies by approaching the Debt Recovery Tribunal instead of challenging the District Magistrate's order under Section 14 of the SARFAESI Act via
1 provisions across 1 enactments
Padma Motilal Gadia and Ors.
State of Maharashtra and Anr.
Nitin Jamdar
Abhay Ahuja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
