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2018 Supreme(Bom) 681

A.A.SAYED, RAVINDRA V.GHUGE
Kotak Mahindra Bank Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Advocates Appeared:
For the Petitioners:Rohit Gupta a/w. Jyoti Sanap, Nikhil Rajani i/b V. Deshpande & Co., Mayur Khandeparkar a/w. Priyanka Fadia i/b Shashank N. Fadia, Advocates
For the Respondents:Yusuf Iqbal a/w. Ashish Ved, Neville Majra, Pankti Haria, Shaista Pathan i/b Meghnath Navlani, Girish Thanvi, Tushad Co-oper a/w. Siddharth Samantray i/b Vivek Phadke, Advocates, Rajiv Mane, AGP.

JUDGMENT :

Ravindra V. Ghuge, J.

1. We have heard the learned Advocates appearing for the respective sides in these matters in extenso. With their consent, we have taken up both these matters for adjudication together, considering the common issue of law, involved.

WRIT PETITION NO. 1273 OF 2017

2. In the first Petition, the Petitioner-Kotak Mahindra Bank Ltd has impugned the order dated 10.04.2017 passed by the learned Chief Metropolitan Magistrate, Mumbai, (in short CMM) rejecting the application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002. For the sake of clarity, prayer clause 26(a) put forth by the Petitioner is reproduced as under:

“26(a) this Hon'ble Court be pleased to call for the record and proceeding of the Application No. 278/SA/2013 from the office of the Ld. Chief Metropolitan Magistrate and on perusal of the same, be pleased to issue a Writ of Certiorari or any other Writ of a like nature and set aside and quash the Order dated 10th April 2017 being Exhibit 'A' passed by the Ld. Chief Metropolitan Magistrate, Mumbai and also be pleased to issue a Writ of Mandamus or any other writ of like n
















































































































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