Allowed

Omkara Assets Reconstruction Pvt. Ltd. Trhou. Its Authorised Officer and Anr. v. the State of Maharashtra Throu. the Honble Addl District Magistrate Thane and Ors.

Bombay HC5 Feb 2024WP/14934/2023

Case brief

AI extract

What is this about?

Writ petitioner sought mandamus to enforce a District Magistrate's order dated August 22, 2022, directing state officers to take physical possession of secured assets under Section 14 of the SARFAESI Act. The court directed immediate compliance.

What did the court decide?

Directing Respondent No.2 to take physical possession of the described properties on 14th February 2024 at 11.00 am with police assistance.

Omkara Assets Reconstruction Pvt. Ltd. Trhou. Its… — Service and Employment | Bombay HC (2024)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 14934 OF 2023

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Omkara Assets Reconstruction Pvt. Ltd. & Anr. .. Petitioners

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LAXMI SUBHASH SONTAKKE

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Digitally signed by LAXMI SUBHASH SONTAKKE Date: 2024.02.06 15:09:08 +0530

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Versus

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The State of Maharashtra & Ors.

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.. Respondents

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Adv. Nikhil Rajani i/b. V. Deshpande for the Petitioners.

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Mr. A. I. Patel, Addl.GP a/w M.S. Bane, AGP for the Respondent Nos. 1 to 5.

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CORAM : B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ. DATE :FEBRUARY 05, 2024

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P. C.

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The above Writ Petition is filed seeking a mandamus to Respondent No.2 to execute and implement the order dated 22^nd August, 2022 passed by Respondent No.1 [District Magistrate] under Section 14 of the SARFAESI Act, 2002.

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Today when the matter is called out, the learned AGP, on instructions, has informed the Court that the date fixed for taking physical possession of the secured assets, more particularly described at Exhibit-A to

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Page 1 of 4 FEBRUARY 05, 2024

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Laxmi

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the above Petition is 14^th February, 2024. For the sake of convenience, the description of the property of which the possession has to be taken is reproduced hereunder:

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“i. All that piece and parcel of NA land admeasuring at about 16140 sq. mtrs. and structures standing thereon admeasuring at about 4175 sq. ft. the structure consisting of (i) Petrol Pump admeasuring at about 1800 sq. ft. (ii) Hotel, ameasuring at about 1500 sq. ft. (iii) Garage, admeasuring at about 875 sq. ft. and various structures standing thereon and lying, being, and situated at Village Arjanali. Taluka Bhiwandi, District Thane”

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Considering the statement made by the learned AGP, we dispose of the above Writ Petition by directing Respondent No.2 to take physical possession of the properties described hereinabove on 14^th February, 2024 at 11.00 am.

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To ensure that Respondent No.2 can take physical possession of these properties and hand them over to the authorized officer of the Petitioners, the Senior Police Inspector of the Padgha Police Station shall give all necessary assistance [including deputing adequate number of police personnel] to Respondent No.2 so that he can take physical possession of the above mentioned properties and hand them over to the authorized officer of

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Laxmi

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Page 2 of 4 FEBRUARY 05, 2024

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the Petitioners, failing which, the said Senior Police Inspector shall be liable for contempt.

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It is needless to clarify that all costs, charges and expenses for the aforesaid police assistance shall be paid by the Petitioner.

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It is also needless to clarify that this order will not preclude the borrower and/or any other aggrieved party from approaching the DRT under Section 17 of the SARFAESI Act, 2002 and seek a stay on the possession order passed by the District Magistrate under Section 14 of the SARFAESI Act, 2002. If the DRT is approached, the DRT shall decide the matter on its own merits without being influenced by this order.

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The above Writ Petition is disposed of in the aforesaid terms. No order as to costs.

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Though we have disposed of the above Writ Petition, we place the same on board on 15^th February, 2024 for reporting compliance.

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Page 3 of 4 FEBRUARY 05, 2024

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Laxmi

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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.]

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[ B. P. COLABAWALLA, J.]

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Page 4 of 4 FEBRUARY 05, 2024

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Laxmi

Omkara Assets Reconstruction Pvt. Ltd. Trhou. Its Authorised Officer and Anr. v. the State of Maharashtra Throu. the Honble Addl District Magistrate Thane and Ors.

Case brief

What is this about?

What did the court decide?

Omkara Assets Reconstruction Pvt. Ltd. Trhou. Its Authorised Officer and Anr. v. the State of Maharashtra Throu. the Honble Addl District Magistrate Thane 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

Coram

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