Subhash Shridhar Bhosale v. State of Maharashtra and Ors.
Case brief
What is this about?
Writ Petition No.3461 of 2025, Bombay High Court, decided 7 March 2025 by A.S. Chandurkar and M.M. Sathaye, JJ. Petitioner Subhash Shridhar Bhosale challenged a Debts Recovery Tribunal order passed in proceedings under Section 17 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI). The Court declined to entertain the petition because the alternative statutory remedy of appeal to the Debts Recovery Appellate Tribunal (DRAT) was available, and disposed of the writ petition keeping all points on merits open. Keywords: alternative remedy, maintainability of writ petition, SARFAESI Section 17, DRT, DRAT, Debts Recovery Tribunal, Maharashtra co-operation department.
What did the court decide?
Since the remedy of approaching the Debts Recovery Appellate Tribunal is available, the Court was not inclined to entertain the writ petition and disposed of it keeping all points on merits open.