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2023 Supreme(Bom) 1298

G. S. KULKARNI, RAJESH. S. PATIL
Kotak Mahindra Bank Limited – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.Prathamesh Kamat with Mr.Apoorva Kulkarni i/b V. Deshpande & Co.
For the Respondent: Ms.Shruti D. Vyas

JUDGMENT :

Rajesh S. Patil, J.

1. Rule. Rule is made returnable forthwith. Heard finally by consent of the learned counsel for the parties.

2. This Writ Petition filed under Article 226 of the Constitution of India has prayed for the following reliefs :-

    “(a) This Hon'ble Court be pleased to issue a Writ of Mandamus or any other Writ of the like nature thereby directing the Respondent No.2 and 3 to forthwith and or within such time as this Court may deem fit and proper to execute and implement order dated 12.01.2021 passed by the Respondent No.1 under Section 14 of SARFAESI Act in an Application being Application No. 978 of 2020.

(a1) This Hon'ble Court be pleased to issue a Writ of Mandamus or any other Writ of the like nature thereby quashing or setting aside the impugned letter/communication dated 17.11.2022 directing that the possession of the secured asset cannot be taken until appropriate orders are passed in Civil Suit filed by Petitioner in District Court Pune being Civil Suit No. 1436 of 2015.

(b) This Hon'ble Court be pleased to issue a Writ of Certiorari or any other Writ of the like nature thereby directing the Respondent No.2 and 3 to forthwith and or within such time as thi

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