Gujarat High Court
Shrenik Kirtilal Sheth vs Bajaj Finance Limited on 23 March, 2018
Author: R.M.Chhaya
Bench: R.M.Chhaya
C/SCA/4571/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 4571 of 2018
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SHRENIK KIRTILAL SHETH
Versus
BAJAJ FINANCE LIMITED
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Appearance:
ANILKUMAR N MUNDRA(9205) for the PETITIONER(s) No. 1
KURVEN K DESAI(7786) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE R.M.CHHAYA
Date : 23/03/2018
ORAL ORDER
1. Heard Mr. Kurven K. Desai, learned advocate for the petitioner.
2. Considering the prayers prayed for, the petitioner has challenged initiation of action under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as "the Act").
3. In view of the judgment of the Hon'ble Apex Court in the case of Authorised Officer, State Bank of Travancore & Ors. Vs. Mathew K.C. reported in 2018 (1) Scale 618, the petitioner has an alternative efficacious remedy by way of an application under Section 17 of the Act Page 1 of 2 C/SCA/4571/2018 ORDER before the Tribunal and therefore, on the said ground, the petition is not entertained.
4. Mr. Desai, learned advocate for the petitioner, on instructions, states that the petitioner is ready and willing to make the payment of the dues. However, the Bank is not accepting. If any such application is made and readiness is shown, the respondent - Bank is hereby directed to consider the same in accordance with law as expeditiously as possible.
5. Accordingly, the petition is disposed of.
There shall be no order as to costs.
(R.M.CHHAYA, J) mrp Page 2 of 2