Minal T. Kamble v. Piramal Capital And Housing
Case at a glance
Outcome
Disposed of
In view of the above, the petition stands disposed of
Provisions considered
Key paragraphs
- Para 33. In view of the above, the petition stands disposed of. Interim relief granted on 7 January 2023 to continue till next three weeks only. (R.G. AVACHAT, J.) 2 of 2
Judgment
IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.266 OF 2023 Minal T. Kamble v/s. Piramal Capital And Housing Finance Ltd. And Anr. .. .. Petitioner Respondents Ms. Minal Kamble, Petitioner present in person. …. Mr. Shadab, a/w. Mr. Aditya Vyas, Authorised Representative, i/b. R.L. Motwani, for the Respondent. Mr. Arfan Sait, APP, for State. …. CORAM: R.G. AVACHAT, J. DATE : 23 JANUARY 2023. P.C:- Heard.
The challenge herein is to the notice issued under Section 14 the Securitisation And Reconstruction of Financial Assets And Enforcement of Security Interest Act, 2002 (SARFAESI Act). Learned Advocate for the Respondent states that the order of issuance of notice under Section 14 is a ministerial act. The same shall have no challenge on judicial side. Since the Petitioner appears in person and being a 1 of 2 woman, this Court had granted interim relief last time. Since the Petitioner has remedy before the Debt Recovery Tribunal, this petition stands disposed of with liberty to the Petitioner to approach the appropriate forum. The Petitioner appear to have deposited a sum of Rs.20,00,000/-.
Operative part
In view of the above, the petition stands disposed of. Interim relief granted on 7 January 2023 to continue till next three weeks only. (R.G. AVACHAT, J.) 2 of 2
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: In view of the above, the petition stands disposed of
Which statutory provisions did this judgment involve?
Reconstruction of Financial Assets And Enforcement of Security Interest Act, 2002.
Which court decided this case, and when?
Bombay High Court, on 23 Jan 2023. The bench was R G AVACHAT.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.