Deepak Ramdas Khobragade vs State Of Mah. Thr. Pso Pachpaoli Ps ...
2022 Latest Caselaw 2327 Bom

Citation : 2022 Latest Caselaw 2327 Bom
Judgement Date : 8 March, 2022

Bombay High Court

Deepak Ramdas Khobragade vs State Of Mah. Thr. Pso Pachpaoli Ps ... on 8 March, 2022

Bench: Avinash G. Gharote

                                                           1                              30.WP.76-2022.odt




               IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                         NAGPUR BENCH AT NAGPUR

                     CRIMINAL WRIT PETITION NO. 76 OF 2022
                                   ( Deepak Ramdas Khobragade
                                                Vs.
                                    State of Maharashtra & Anr. )

Office Notes, Office Memoranda                          Court's or Judge's orders
of Coram, Appearances, Court's
orders     or    directions and
Registrar's orders


                                  Mr. A.D. Bhate, Advocate for the Petitioner.
                                  Mrs. Shamsi Z. Haider, A.P.P. for the Respondent No.1/State.
                                  Mr. M. G. Qubbawala, Advocate for the Respondent No.2.



                                  CORAM:        AVINASH G. GHAROTE, J.

DATED : 8th MARCH, 2022.

Heard Mr. Bhate, learned counsel for the petitioner, who has invited my attention to the judgment of the Hon'ble Apex Court in Authorized Officer, Indian Bank Vs. D. Visalakshi and another, AIR 2019 SC 4619 , in which a categorical view has been taken, that the Chief Judicial Magistrate (for short "CJM") is equally competent to deal with the application moved by the secured creditor under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (for short "SARFAESI") Act, 2002, considering which, the impugned order dated 04.12.2021, as passed by the 14th ACJM, Nagpur, directing issuance of possession warrant for taking the possession of the property cannot be faulted with, considering which, Mr. Bhate, learned counsel for the 2 30.WP.76-2022.odt

petitioner, seeks permission to withdraw the petition with liberty to raise any other grounds, except the above, which may be available to him before the learned CJM. The statement is accepted.

2. The petition is dismissed as withdrawn.

3. The question of granting any liberty does arise for the reasons, that in case any ground is available in law, the same always be permissible to be raised by the petitioner.

JUDGE SD. Bhimte

Signed By:SHRIKANT DAMODHAR BHIMTE

Signing Date:09.03.2022 14:44