Writ petition challenging sealing of commercial shops under SARFAESI Act dismissed as withdrawn on liberty to approach the Debt Recovery Tribunal, acknowledging the alternate remedy under Section 17 of the Act.
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2.wp.1329.2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.1329 OF 2024
Abdul Khalique Chauhan .. Petitioner
Versus
State of Maharashtra & Ors. .. Respondents
Digitally signed by UTKARSH UTKARSH KAKASAHEBBHALERAO KAKASAHEB BHALERAO Date:2024.01.31 10:37:52 +0530
Mr.R.U. Singh a/w Shabnam Shaikh, Advocates for the Petitioner.
Ms.M.S.Bane, AGP for State-Respondent.
CORAM : B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ. DATE : JANUARY 30, 2024
P. C.
1. The above Writ Petition is filed inter alia calling upon Respondent Nos.1 to 3 to raise the seal put up on the door of the commercial shop No.9 and 10 situated at E.M. Palace Co-operative Housing Society Limited, Navghar, Manikpur, Sai Nagar, Vasai (W) 401202, District-Palghar, Maharashtra and also to hand over the vacant physical possession of the said shops to the Petitioner.
Page 1 of 2
JANUARY 30, 2024
Utkarsh
2.wp.1329.2024.doc
2. The aforesaid sealing and dispossession took place pursuant to the order passed by the Collector under Section 14 of the SARFAESI Act, 2002.
3. The learned advocate appearing on behalf of the Petitioner fairly stated that the Petitioner has an alternate remedy by approaching the DRT under Section 17 of the SARFAESI Act, 2002. In these circumstances, he sought leave to withdraw the above Writ Petition with liberty to approach the DRT.
4. Considering the fair stand taken by the learned advocate appearing on behalf of the Petitioner the above Writ Petition is dismissed as withdrawn with liberty as prayed.
5. This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.
[SOMASEKHAR SUNDARESAN,J.] [B.P.COLABAWALLA, J.]
Page 2 of 2 JANUARY 30, 2024
Utkarsh
1 issue framed by the court
Whether the petitioner is entitled to release the seal and take possession of the commercial shops sealed by the Collector under the SARFAESI Act.
2 provisions across 1 enactments
Abdul Khalique Chauhan
State of Maharashtra & Ors.
B. P. Colabawalla
Somasekhar Sundaresan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
