Disposed

Reliance Asset Reconstruction Company Limited and Anr. v. the State of Maharashtra Thr. Honble Add. District Magistrate Thane Thr Gp and Ors.

Bombay HC16 Jan 2024WP/131/2024

Case brief

AI extract

What is this about?

The Court directed the Respondent to take physical possession of the secured assets on a specific date, ordering local police to provide necessary assistance and direction for the Authorized Officer to remain present at the site for handover.

What did the court decide?

Direction to Respondent to take physical possession of secured assets on 30.01.2024 with police assistance and presence of Authorized Officer.

Reliance Asset Reconstruction Company Limited… — Civil Procedure and Limitation | Bombay HC (2024)

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Digitally signed AARTI by AARTIGAJANAN GAJANAN PALKAR PALKAR Date:2024.01.17 15:13:48 +0530

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4.WP.131.2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO.131 OF 2024

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Reliance Asset Reconstruction Company Limited & Anr. …. Petitioners

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Versus

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The State of Maharashtra & Ors. …. Respondents

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Mr. Charlis D'souza a/w. Mr. Nikhil Rajani i/b. V. Deshpande & Co., Advocates for Petitioners.

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Mr. A.I. Patel , a/w. Mr. R.S. Pawar, AGP for RespondentState.

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CORAM : B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

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DATE : JANUARY 16, 2024

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P. C.

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The above Writ Petition is filed seeking a direction to Respondent No.2 to execute and implement the order dated 26^th November, 2020 passed by the District Magistrate, Thane under Section 14 of the SARFAESI Act, 2002.

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Mr. D'souza, the learned counsel appearing on behalf of the Petitioners submitted that after the filing of the present Petition, now

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Page 1 of 3 JANUARY 16, 2024

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Aarti Palkar

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4.WP.131.2024.doc

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the date is fixed on 30^th January, 2024 for taking physical possession of the secured assets which form the subject matter of the Section 14 order [more particularly described in Exhibit-A of the Petition]. For the sake of convenience, the details of the secured assets of which physical possession is to be taken is reproduced hereunder:

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(i) Flat No.C-1401, admeasuring at about 891 sq.ft., (Built up), 14^th Floor, Seawoods Garden, situated at Plot No.4 & 6, in Sector 17, Sanpada, Navi Mumbai;

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(ii) Flat No.C-1402, admeasuring at about 1141 sq.ft., (Built up), 14^th Floor, Seawoods Garden, situated at Plot No.4 & 6, in Sector 17, Sanpada, Navi Mumbai;

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3. Considering this development, the following order is passed:-

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(a) Respondent No.2 shall take physical possession of the above mentioned secured assets on 30^th January, 2024 at 11.30 a.m.

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(b) To ensure that Respondent No.2 is in a position to take physical possession of the secured assets, we direct the Senior Police Inspector of the local Police Station to give all necessary assistance to Respondent No.2 [including deputing adequate number of police personnel] so that Respondent No.2 can take physical possession to the secured assets and hand over the same to the Authorized Officer of the Petitioner, failing which the concerned Senior Police Inspector shall be liable for contempt. All costs, charges and expenses payable for the aforesaid police assistance shall be paid by the Petitioners.

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c) The Authorized Officer of the Petitioners is also directed to

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Page 2 of 3 JANUARY 16, 2024

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Aarti Palkar

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4.WP.131.2024.doc

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remain present at site on 30^th January, 2024 at 11.30 a.m. so that physical possession of the secured assets can be handed over to the Authorized Officer of the Petitioners.

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The above Writ Petition is disposed of in the aforesaid terms. However, there shall be no order as to costs.

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Though we have disposed of the above Writ Petition, we now place the above Writ Petition on board on 31^st January, 2024 for reporting compliance.

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This order will be digitally signed by the Private Secretary/Personal Assistant of this Court. All concerned will act on production by fax or email of a digitally signed copy of this order.

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[SOMASEKHAR SUNDARESAN, J.] [B.P. COLABAWALLA, J.]

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Page 3 of 3 JANUARY 16, 2024

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Aarti Palkar

Reliance Asset Reconstruction Company Limited and Anr. v. the State of Maharashtra Thr. Honble Add. District Magistrate Thane Thr Gp and Ors.

Case brief

What is this about?

What did the court decide?

Reliance Asset Reconstruction Company Limited and Anr. v. the State of Maharashtra Thr. Honble Add. District Magistrate Thane Thr Gp and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

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Parties & counsel

Coram

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