M/S. Lalwani Roadways Pune through R.Lalwani, v. M/S. Tata Capital Housing Finance Ltd. and Ors.
Case brief
What is this about?
Bombay High Court writ disposal dated 15 April 2025: WRIT PETITION NO. 17425 OF 2024, Ms. Lalwani Roadways, Pune v. M/s. Tata Capital Housing Finance Limited & Ors. Key terms: Section 14 order under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 passed 19/03/2025; Court Commissioner notice dated 08/04/2025; possession of secured asset scheduled 25/04/2025; remedy of approaching the Debts Recovery Tribunal held available to Petitioner; writ petition disposed of as not entertained; all points on merits kept open. Relevant to searches on secured-creditor enforcement where a Section 14 order has issued during pendency and the borrower is directed to the Debts Recovery Tribunal instead of the writ route.
What did the court decide?
Liberty granted to the Petitioner to approach the Debts Recovery Tribunal; Writ Petition disposed of as not entertained with all points on merits kept open.