IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 5066 OF 2022 Sahil Sajid Khan … Petitioner vs. Union of India, (Legal Department) Government of India, Mumbai & Ors. … Respondents …… Mr.Raghavan Sarathy i/b. Thodur Law Associates for the Petitioner. Mr. R.L. Motwani for Respondent Nos. 3 and 4. Mr. Raj Dani for Respondent No.5. …... CORAM: NITIN JAMDAR AND GAURI GODSE, JJ. DATE: 15 DECEMBER 2022 P.C.: Heard the learned Counsel for the parties.
The Petitioner has sought to challenge a notice issued under section 13 (2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. The Petitioner has a remedy of approaching the Debt Recovery Tribunal and in view of the settled legal position regarding enforcing a wri t jurisdiction, we are not inclined to entertain the writ petition. 1/2 Trupti TRUPTI SADANAND BAMNE Digitally signed by TRUPTI SADANAND BAMNE Date: 2022.12.16 16:07:17 +0530
The learned Counsel for the Petitioner states that the Petitioner is a disabled person.
We have no doubt that if this is the position, the Debt Recovery Tribunal would consider giving a priority to early hearing of the proceedings when they are instituted before the Debt Recovery Tribunal.
The writ petition is accordingly disposed of. (GAURI GODSE, J.) (NITIN JAMDAR, J.) 2/2