Diksha Rane, WP 13164-24, BHC. This Division declined to entertain the writ petition challenging an order under the SARFAESI Act as the statutory remedy under Section 17(4A) was available. The court kept merit points open.
The writ petition is disposed of. The merits are kept open before the Tribunal.
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.
2024:BHC-AS:37332-DB
Diksha Rane 505. WP 13164-24.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 13164 OF 2024
GHANSHYAM VITTHAL JONDHALE ..PETITIONER
VS.
INDIAN BANK & ORS. ..RESPONDENTS
Adv. Avinash Fatangre a/w. Adv. Anvay H. Kalas, Adv. Akshata Bhogle i/b. Adv. Mayank N. Mishra for the petitioner.
Mrs. Reena Salunkhe, AGP for respondent – State.
-----------CORAM : A. S. CHANDURKAR & RAJESH S. PATIL, JJ
DATE : 20th September 2024.
P.C. :
1. Not on board; taken on board.
2. The petitioner seeks to challenge the order passed under
Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (for short “the said Act”) dated 5th January 2024.
3. In view of the fact that the statutory remedy under Section 17 (4A) of the said Act is available to the petitioner, we are not inclined
to entertain the Writ Petition.
1
Diksha Rane 505. WP 13164-24.doc
4. Keeping all points raised on merits open before the Tribunal,
the Writ Petition is disposed of.
[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]
2
Signed by: Diksha Rane Designation: PS To Honourable Judge Date: 20/09/2024 18:53:36
1 issue framed by the court
Whether the High Court should entertain the Writ Petition given the availability of statutory remedy under Section 17(4A) of the SARFAESI Act.
2 provisions across 1 enactments
GHANSHYAM VITTHAL JONDHALE
INDIAN BANK & ORS.
A. S. CHANDURKAR
RAJESH S. PATIL
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
