M/S Twentyone Sugars Ltd Through ... vs The Osmanabad District Central Co ...
2021 Latest Caselaw 17757 Bom

                                      .. 1 ..

             IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                        BENCH AT AURANGABAD

                       1122 Writ Petition No.13953 Of 2021

                      M/S Twentyone Sugars Ltd
                        Trough Rushikesh More
                                 Versus
           The Osmanabad District Central Co-operative Bank Ltd
                                   ...
            Mr. V.D. Hon, Senior Advocate i/by. Mr. P. P. More,
                       Advocate for the Petitioner
         Mr. V.D. Sapkal, Senior Advocate, i/by. Mr. S.R. Sapkal,
                      Advocate for Respondent No.1
       Mr. R.S. Deshmukh, Senior Advocate i/by. Mr. A.R. Devkate,
                      Advocate for Respondent No.2
                Mr. D.R. Kale, G.P. for Respondents / State
                                     ...

                                CORAM           :   S. V. GANGAPURWALA AND
                                                    S. G. DIGE, JJ.

                                 DATE           :   21-12-2021

PER COURT :

1. We have heard Mr. Hon, learned Senior Advocate for the

petitioner.

2. Mr. Sapkal, learned Senior Advocate for respondent no.1 and

Mr. Deshmukh, learned Senior Advocate for respondent no.2 raise a

preliminary objection that the petitioner has a remedy before Debt

Recovery Tribunal under Section 17 of the Securitisation and

Reconstruction of Financial Assets and Enforcement of Security

Interest Act (in short, 'SARFAESI Act'). To buttress their submissions,

Gajanan

.. 2 ..

they relied upon the judgment of the Division Bench of this Court

dated 05-11-2020 in Writ Petition (L) No.3880 of 2020 delivered at

the Principal Seat.

3. We may not go into the merits of the contentions and the

Judgment relied by the learned Senior Advocates for the respondents.

As objection has been raised by the respondents, Mr. Hon, learned

Senior Advocate for the petitioner submits that the petitioner may

approach the Debt Recovery Tribunal, however, protection may be

granted.

4. In light of that, the writ petition is disposed of with liberty to

the petitioner to avail the remedy under the SARFAESI Act. In that

event, all the contentions of the respective parties are kept open.

5. For a period of seven (07) days, the respondents may not

proceed ahead with the tender process from the stage existing today

onwards.

        ( S. G. DIGE )                        ( S. V. GANGAPURWALA )
            JUDGE                                       JUDGE
                                      ...



                                                                            Gajanan