Disposed

Omkara Assets Reconstruction Pvt. Ltd. and Anr. v. the State of Maharashtra Thru Addl District Magistrate , Pune and Ors.

Bombay HC5 Feb 2024WP/14939/2023

Case brief

AI extract

What is this about?

Petitioners sought mandamus to enforce a District Magistrate's Section 14 SARFAESI order for possession of Pune commercial premises. Court directed Respondent No.2 to take possession on a stated date with police assistance, at petitioners' cost, preserving borrowers' right to approach DRT.

What did the court decide?

Respondent No.2 directed to take physical possession on 20 February 2024 at 11 am; police assistance ordered; compliance reporting set for 21 February 2024.

Omkara Assets Reconstruction Pvt. Ltd. and Anr. Vs the… — Banking and Recovery | 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. 14939 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 15:14:39 +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 15^th November, 2021 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, Mr. Patel, the learned Addl. GP, on instructions, has informed the Court that the date fixed for taking physical possession of the secured assets, more particularly described at

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Page 1 of 4 FEBRUARY 05, 2024

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Laxmi

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Exhibit-A to the above Petition is 20^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 property bearing Showroom on Upper Ground Floor, admeasuring at about Built-up area of the property 2063 sq.ft., Sr. No. 23/2A/2/7, Near Nandan Probiz Project, Balewadi Pune 411045,

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ii. All that piece and parcel of property bearing Office No. 101, 102, 103, 104 and 105 on 1^st Floor, admeasuring at about Built-up area of the property 1582 sq.ft., Sr. No. 23/2A/2/7, Near Nandan Probiz Project, Balewadi Pune 411045 and

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iii. All that piece and parcel of property bearing Office No. 201, 202, 203 and 204, on 2^nd Floor, admeasuring at about Built-up area of the property 1107 sq.ft., Sr. No. 23/2A/2/7, Near Nandan Probiz Project, Balewadi Pune 411045”

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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 20^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 Chaturshrungi Police Station,

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Page 2 of 4 FEBRUARY 05, 2024

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Laxmi

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Pune, DCP Zone IV, Pune 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 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 Petitioners.

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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

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same on board on 21^st 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. and Anr. v. the State of Maharashtra Thru Addl District Magistrate , Pune and Ors.

Case brief

What is this about?

What did the court decide?

Omkara Assets Reconstruction Pvt. Ltd. and Anr. v. the State of Maharashtra Thru Addl District Magistrate , Pune and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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