The court dismissed the writ petition for lack of enforcement of prior undertakings by the petitioner to the respondent bank and availability of an alternate remedy for challenging the impugned order without examining merits.
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.
8-WP-2909.23.docx
Gayatri
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 2909 OF 2023
Chandrabhaga Pandurang Jagtap … Petitioner
Vs.
The State of Maharashtra Thr.
Ld. Collector and Anr. ...Respondents
Mr. Pritesh K. Bohade, Advocate for the petitioner. Ms. Sushama Satpute, Advocate for respondents. Ms. S. S. Bhende, AGP for the State.
CORAM : GAURI GODSE, J.
DATE : 12th FEBRUARY 2024
P.C.
preliminary objection that the impugned order is revisable and hence this petition may not be entertained .
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8-WP-2909.23.docx
office of respondent no. 3 with a concrete proposal for one time settlement, and a statement was also made on behalf of the petitioner that since the original borrower was her husband she will also intimate the names of heirs and legal representatives whose names are entered in the property which was mortgaged.
an alternate remedy available to the petitioner for challenging the impugned order.
is an alternate remedy available.
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8-WP-2909.23.docx
adopt alternate appropriate remedy as permissible in law.
Digitally signed GAYATRI by GAYATRI RAJENDRA RAJENDRA SHIMPI SHIMPI Date: 2024.02.15 16:10:15 +0530
[GAURI GODSE, J.]
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2 issues framed by the court
Whether the writ petition should be entertained when the petitioner has failed to submit a concrete proposal for one-time settlement despite having an alternate remedy.
Whether the existence of an alternate remedy bars the court from entertaining the writ petition.
Chandrabhaga Pandurang Jagtap
The State of Maharashtra Thr. Ld. Collector
Respondent no. 3
Gauri Godse
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
