Bombay High Court
Parveen Kiran Shetty vs Mascot Communication And Ors on 7 October, 2023
Bench: B.P. Colabawalla, M. M. Sathaye
2023:BHC-OS:11433-DB
PR1 IAL 27704-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION (L) NO. 27704 OF 2023
IN
WRIT PETITION (L) NO. 12642 OF 2023
Mrs. Praveen Kiran Shetty .. Applicant
In the matter between:
M/s. Mascot Communication & Anr. .. Petitioners
Versus
Bharat Co-op. Bank (Mumbai) Ltd.
& Ors. .. Respondents
Mr.Methews Nedumpara a/w Hemali Kurne i/b Nedumpara &
Nedumpara Asso., Advocates for the Applicant/Petitioner.
CORAM : B. P. COLABAWALLA &
M.M. SATHAYE, JJ.
DATE : OCTOBER 07, 2023
P. C.
1. Not on board. Mentioned. At the request of Mr.
Nedumpara, the learned counsel for the Applicant/Petitioner, taken
on board and heard finally.
2. The above writ petition has been filed by M/s. Mascot
Communication [Petitioner No.1] and Mrs. Praveen Kiran Shetty
OCTOBER 07, 2023
Sneha Chavan
PR1 IAL 27704-23.doc
[Petitioner No.2] inter alia seeking a declaration that by virtue of the
provisions of the MSMED Act, 2006 and more particularly the
notification issued under Section 9 of the said Act, being S.O. No.
1432(E) dated 29.05.2015, no coercive proceeding can be initiated
against Petitioner No.1, who is the principal borrower, or Petitioner
No.2, who is the guarantor. The above writ petition forms a part of
the bunch of other petitions which have been heard by this Bench
and in which judgment is reserved on 09.08.2023.
2. Mr. Nedumpara, submitted that the order passed by this
Court on 20.07.2023 in IA(L) No. 12380 of 2023 in Writ Petition (L)
No. 9116 of 2023 under which this Court has declined to grant any
interim relief, is challenged before the Hon'ble Supreme Court. The
matter before the Hon'ble Supreme Court was listed on 06.10.2023
but due to unavailability of the Bench, the matter could not be taken
up. He submitted that since the matter is being considered by the
Hon'ble Supreme Court on the same issue, the Applicant/Petitioner
No.2 ought not to be dispossessed. He, therefore, presses the above
Interim Application seeking a stay against the Respondent/Bank
from taking possession of the secured asset under Section 14 of the
SARFAESI Act, 2002 from the Applicant/Petitioner No.2.
OCTOBER 07, 2023
Sneha Chavan
PR1 IAL 27704-23.doc
3. We have heard Mr. Nedumpara. The present Interim
Application is filed inter alia for protection of the possession of
Petitioner No.2 of her residential property and of which possession is
to be taken on 09.10.2023. In all the above matters, we have rejected
the prayers of interim relief and we had made it clear that if these
petitions succeed, then possession would be restored back to the
persons from whom possession was taken. This more so, when one
takes into consideration that what is challenged in the petition is also
the order passed by the Chief Metropolitan Magistrate under Section
14 of the SARFAESI Act, 2002 and for which there is an alternate
remedy is available under Section 17 of the SARFAESI Act, 2002.
4. In these circumstances, the prayer for interim relief is
rejected and the Interim Application is accordingly dismissed. There
shall be no order as to costs.
5. This order will be digitally signed by the Private
Secretary/ Personal Assistant of this Court. All concerned will act on
production by fax or email of a digitally signed copy of this order.
[ M.M. SATHAYE, J.] [B. P. COLABAWALLA, J.]
OCTOBER 07, 2023
Signed by: Mrs Sneha N Chavan Sneha Chavan
Designation: PS To Honourable Judge
Date: 07/10/2023 16:36:45
