The High Court observed that the Tehsildar did not take possession of secured assets because a DRT stay order was only partially complied with. The Bank remains entitled to execute Section 14 if the balance amount is not deposited.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
6-OSWP-242-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
WRIT PETITION NO. 242 OF 2024
Bank of Baroda …Petitioner
Versus
Niwasi Nayab Tahsildar Cum Executive Magistrate …Respondent
Ms. Akshaya Puthran, a/w Nitin Jain, i/b S.K. Singhi & Partners LLP, Advocates for the Petitioner.
Mr. Manish Upadhyay, AGP, for Respondent-State.
Mr. Vilas Narayan Khre, Nayab Tehsildar, Baramati, present in Court.
CORAM : B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ. DATE : FEBRUARY 06, 2024
PC :
Digitally signed by ASHWINI ASHWINI JANARDAN JANARDAN VALLAKATI VALLAKATI Date: 2024.02.06 18:56:17 +0530
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6-OSWP-242-2024.doc
will be subject to any order passed by the DRT in the Securitization Application already filed by the Borrower.
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6-OSWP-242-2024.doc
approached, then, he shall take physical possession of the secured assets on a date convenient to the Bank as well as to him and he shall approach the local Police Station for any assistance he may require for taking physical possession. If the local Police Station is approached by the Tehsildar, they shall give all necessary assistance to him for ensuring that he is able to take physical possession of the secured assets and handover the same to the Authorized Officer of the Bank of Baroda.
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1 issue framed by the court
Whether the Tehsildar's non-possession of secured assets was correct after a DRT stay order was partially complied with.
1 provisions across 1 enactments
Bank of Baroda
Niwasi Nayab Tahsildar Cum Executive Magistrate
B. P. Colabawalla
Somashekar Sundaresan
As recorded by the court registry
4 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
