Partly allowed

PNB Housing Finance Ltd. v. State of Maharashtra and Ors.

Bombay HC17 Mar 2023WP/939/2023

Case brief

AI extract

What is this about?

High Court bench observed on pendency of Section 14 SARFAESI applications. Directed High Court Administration to create a specific category in CIS software for special disposal drive. Adjourned three specific writ petitions for directions.

What did the court decide?

Orders WPs 939/23, 924/23, 930/23, 937/23, 1249/21, 1722/21, 10846/22, 10848/22, 15718/22, 11312/22, 409/23, 666/23, 339/23, 15713/22, 306/23, 14922/22, 907/23, 970/23, 922/23, 1460/23, 140/23, 138/23

PNB Housing Finance Ltd. Vs State of Maharashtra and Ors. — Banking and Recovery | Bombay HC (2023)

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901-WP-15285-2022@CONNECTED PETITIONS-WP(L)-37207-2022.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

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CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 15285 OF 2022

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L and T Finance Limited )...Petitioner
 V/s.
The State of Maharashtra and Anr.)...Respondents

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WITH
WRIT PETITION NO. 939 OF 2023
WITH
WRIT PETITION NO. 924 OF 2023
WITH
WRIT PETITION NO. 930 OF 2023
WITH
WRIT PETITION NO. 937 OF 2023
WITH
WRIT PETITION NO. 1249 OF 2023
WITH
WRIT PETITION NO. 1722 OF 2021
WITH

¶7

WRIT PETITION NO. 10846 OF 2022
WITH

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WRIT PETITION NO. 10848 OF 2022

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WITH

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WRIT PETITION NO. 15718 OF 2022
WITH

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WRIT PETITION NO. 11312 OF 2022
WITH

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WRIT PETITION NO. 409 OF 2023
WITH

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AVK 1/7

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901-WP-15285-2022@CONNECTED PETITIONS-WP(L)-37207-2022.doc

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WRIT PETITION NO. 666 OF 2023
WITH

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WRIT PETITION NO. 339 OF 2023

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WITH

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WRIT PETITION NO. 15713 OF 2022
WITH
WRIT PETITION NO. 306 OF 2023
WITH
WRIT PETITION NO. 14922 OF 2022
WITH
WRIT PETITION NO. 907 OF 2023
WITH
WRIT PETITION NO. 970 OF 2023
WITH
WRIT PETITION NO. 922 OF 2023
WITH
WRIT PETITION NO. 1460 OF 2023

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WITH

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WRIT PETITION NO. 140 OF 2023

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WITH

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WRIT PETITION NO. 138 OF 2023
WITH
WRIT PETITION NO. 278 OF 2023
WITH

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WRIT PETITION NO. 279 OF 2023
WITH

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WRIT PETITION NO. 647 OF 2023
WITH

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WRIT PETITION NO. 973 OF 2023
WITH

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WRIT PETITION NO. 974 OF 2023
WITH

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WRIT PETITION NO. 1425 OF 2023

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WITH
O.S.WRIT PETITION (L) NO. 37207 OF 2022

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AVK 2/7

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901-WP-15285-2022@CONNECTED PETITIONS-WP(L)-37207-2022.doc

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Dr.Birendra Saraf, Advocate General with Mr.P.P.Kakade, GP,
Ms.Shruti D. Vyas, ‘B’ Panel Counsel and Mr. Sukanta
Karmarkar, AGP, for the Respondent- State.

¶32

Mr.S.R.Nargolkar with Mr.Arjun Kadam for Respondent
Nos.2 and 3 in WP No.15285/22.

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Mr.Shashank Fadia with Priyanka Fadia, Advocate for the
Petitioners in WP Nos.15285/22, 924/23, 922/23, 970/23 and
647/23.

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Ms. Apoorva Kulkarni i/b. M/s.V.Deshpande & Co. for the
Petitioners in WP Nos.973/23, 974/23, 10848/22, 10846/22,
15713/22, 1460/23, and 11312/22.

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Mr.Shadab Siddiqui i/b. R.L.Motwani, Advocate for the
Petitioners in W.P.No. 930/23, 937/23 & 922/23.

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Mr. Aditya Lele a/w. Ms. Rujuta Karve i/b. Mr. Mandar
Lalsare, Advocate for the Petitioner in W.P.No.425/23, 339/23,
306/23.

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Mr.S.S.Panchpor for the Petitioners in WP Nos.278/23 and
279/23.

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Mr. Prafull Chipte i/b. Mr.Sanjay Anbhawane for the
Petitioners in WP Nos.138/23, 140/23, 1249/23, 939/23 &
939/23.

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Mr.Archit Virmani with Mr.Atul Gupta for the Petitioner in
WP No.15718/22.

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Ms.Priya Nigwekar i/b. Mr.O.A.Das for Petitioner in WP-
1722/21.

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AVK 3/7

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901-WP-15285-2022@CONNECTED PETITIONS-WP(L)-37207-2022.doc

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Mr.Charles D’Souza with Nikhil Rajani for Petitioner in WP
No.11312/22.

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Ms.Kamini Pansare i/b. VM Legal for the Petitioner in WP-
907/23.

¶45

Ms. Mahima Shah i/b. Intralegal, Advocate for the Petitioner In
W.P.No.666/23.

¶46

Mr.Shriram Choudhari for Respondent No.3 in WP
No.666/23.

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Mr.Siddharth Samantray with Mr.Alok Mishra for the
Petitioner in (O.S.) WPL No.37207/22.

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Ms.P.V.Sawant, Registrar, CMM Court is present.

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CORAM : NITIN JAMDAR AND
 ABHAY AHUJA, JJ.

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DATE : 17 MARCH 2023

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P.C.

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Heard the learned Counsel for the parties.

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2On 9 February 2023, a detailed order was passed and the
Petitions were adjourned till today to oversee the progress as
both the learned Advocate General and the learned Counsel
for the High Court Administration had assured the court that

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AVK 4/7

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901-WP-15285-2022@CONNECTED PETITIONS-WP(L)-37207-2022.doc

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steps would be taken in respect of pending applications under
section 14 of the Securitisation and Reconstruction of
Financial Assets and Enforcement of Security Interest Act,
2002 (the “SARFAESI Act”) and in cases where there is non-
implementation of the orders passed.

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3The learned Counsel for the High Court Administration
has placed before us a chart stating that from 9 February 2023,
in a special drive conducted, 536 applications have been
disposed of. However, we note that it is not a major figure
compared to the pendency which as of 10 March 2023 is
around 4975 and therefore efforts taken will have to be
continued. The learned Counsel informs that the High Court
Administration proposes to issue instructions that as far as
feasible the applications can be taken up on working Saturdays
and they would be distributed by the Chief Metropolitan
Magistrate to different Magistrates, as in Chief Metropolitan
Magistrate’s court at Mumbai 2235 applications are still
pending. We also note that the figure for Thane is 1064.

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4The learned Counsel for the High Court Administration
states that as on today, there is no separate category assigned to
the applications under Section 14 of the SARFAESI Act in the
Case Information System (C.I.S.) Software. Steps can be taken

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AVK 5/7

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901-WP-15285-2022@CONNECTED PETITIONS-WP(L)-37207-2022.doc

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to create a category so that the cases can be identified for the
special drive.

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5The learned Advocate General has placed before us a
chart of the cases that as on today 21564 applications are
pending in Maharashtra and 12590 have been disposed of. He
has placed on record certain communications issued by the
Government to the Divisional Officers. The learned Advocate
General states that the State is in process of issuing further
guidelines and they will be placed on record.

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6In light of the above submissions made, it is not necessary
for us to keep all the Petitions pending except Writ Petition
no.15285 of 2022 since it arises from the proceedings initiated
before the Chief Metropolitan Magistrate’s Court and Writ
Petitions no.278 of 2023 and 279 of 2023 which are in respect
of District Collector and also in respect of implementation.

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7Writ Petition No.15285 of 2022, Writ Petition No.278 of
2023 and Writ Petition No.279 of 2023 are adjourned to 17
April 2023. To be listed under the caption “For directions”.

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8Writ Petition No.939 of 2023, Writ Petition No. 924 of
2023, Writ Petition No. 930 of 2023, Writ Petition No. 937 of
2023, Writ Petition No. 1249 of 2023, Writ Petition No. 1722

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AVK 6/7

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901-WP-15285-2022@CONNECTED PETITIONS-WP(L)-37207-2022.doc

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of 2021, Writ Petition No. 10846 of 2022, Writ Petition No.
10848 of 2022, Writ Petition No. 15718 of 2022, Writ Petition
No. 11312 of 2022, Writ Petition No. 409 of 2023, Writ
Petition No. 666 of 2023, Writ Petition No. 339 of 2023, Writ
Petition No. 15713 of 2022, Writ Petition No. 306 of 2023,
Writ Petition No. 14922 of 2022, Writ Petition No. 907 of
2023, Writ Petition No. 970 of 2023, Writ Petition No. 922 of
2023, Writ Petition No. 1460 of 2023, Writ Petition No. 140
of 2023, Writ Petition No. 138 of 2023, Writ Petition No. 278
of 2023, Writ Petition No. 279 of 2023, Writ Petition No. 647
of 2023, Writ Petition No. 973 of 2023, Writ Petition No. 974
of 2023, Writ Petition No. 1425 of 2023 and Original Side
Writ Petition (L) No. 37207 of 2022 are disposed of.

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9We make it clear that this order does not mean that we
have reflected on the merits of the dispute of each of the cases
and the directions are issued only to ensure that the process of
disposal and pendency of applications under section 14 of the
SARFAESI Act, is streamlined.

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(ABHAY AHUJA, J.)

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(NITIN JAMDAR, J.)

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ARTI VILAS KHATATE Digitally signed by ARTI VILASKHATATE Date: 2023.03.21 17:33:35 +0530

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AVK 7/7

PNB Housing Finance Ltd. v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

PNB Housing Finance Ltd. v. State of Maharashtra and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

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