Disposed

Bajaj Housing Finance Ltd. v. the State of Maharashtra (Representing Ld Dist Magistrate, Thane Thru Gp ) and Ors.

Bombay HC23 Apr 2024WP/6109/2024

Case brief

AI extract

What is this about?

Lender sought enforcement of a District Magistrate's Section 14 SARFAESI order for possession of a mortgaged flat. The High Court directed the Tehsildar to take physical possession on a fixed date with police assistance at the petitioner's cost, subject to any DRT order, and disposed of the writ petition.

What did the court decide?

Direction to Respondent No.2/Tehsildar to take physical possession of the secured flat on 10 May 2024 with police assistance, then hand over to petitioner's Authorised Officer.

Bajaj Housing Finance Ltd. Vs the State of Maharashtra… — Banking and Recovery | Bombay HC (2024)

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6-ASWP-6109-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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WRIT PETITION NO. 6109 OF 2024

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Bajaj Housing Finance Ltd …Petitioner

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Versus

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The State of Maharashtra & Ors …Respondents

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Mr. R.L. Motwani, Advocate for the Petitioner.

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Mr. A.I. Patel, Addl.GP, a/w T.D. Goswami, AGP, for Respondent-State.

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CORAM : B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ. DATE : APRIL 23, 2024

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PC :

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Digitally signed by ASHWINI ASHWINI JANARDAN JANARDAN VALLAKATI VALLAKATI Date: 2024.04.24 10:48:31 +0530

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The above Writ Petition is filed inter alia seeking a direction to Respondent Nos.1 and 4 to execute the order dated 11^th October, 2023 passed by the District Magistrate, Thane under Section 14 of the Securitisation and Reconstruction of Financial Asset and Enforcement of Security Interests Act, 2002. The secured asset of which possession is to be taken is Flat No.304, 3^rd floor, Building No.A-1, Shubham Residency, Parsik Nagar, Mumbai Pune Highway, Gut No.58, Village Kharegaon, Kalwa East, Thane – 400 605.

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Page 1 of 3 APRIL 23, 2024

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Ashwini Vallakati

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6-ASWP-6109-2024.doc

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Considering that this is the limited relief sought in the above Writ Petition, we dispose of the Writ Petition by directing Respondent No.2 to take physical possession of the secured asset on 10^th May, 2024 at 11:00 a.m.. The notice of the date of taking possession of the secured asset shall be immediately served by the Tehsildar on the borrowers informing them that possession shall be taken on 10^th May, 2024 at 11:00 a.m.. For the purposes of ensuring that physical possession is taken on the said date, the Senior Police Inspector of the local Police Station is directed to provide all police assistance to the Tehsildar (including deputing adequate number of police personnel) to assist the Tehsildar in taking physical possession of the secured asset and thereafter handing over the same to the Authorised Officer of the Petitioner. All necessary costs, charges and expenses for the said police assistance shall be paid by the Petitioner. We make it clear that if for any reason, the police protection is not provided, we will not hesitate to hold the concerned Senior Police Inspector in contempt.

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We may further clarify that this order of taking possession on 10^th May, 2024 is subject to any order that may be passed by the Debts Recovery Tribunal (“ DRT ”), if approached by the borrowers. In other words, the DRT is free to restrain the Petitioner-NBFC from taking

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Page 2 of 3 APRIL 23, 2024

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Ashwini Vallakati

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6-ASWP-6109-2024.doc

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physical possession of the secured asset if it finds any merit in the case advanced before it by the borrowers.

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The 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 Writ Petition, we place the same on board for reporting compliance on 10^th June, 2024.

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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 APRIL 23, 2024

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Ashwini Vallakati

Bajaj Housing Finance Ltd. v. the State of Maharashtra (Representing Ld Dist Magistrate, Thane Thru Gp ) and Ors.

Case brief

What is this about?

What did the court decide?

Bajaj Housing Finance Ltd. v. the State of Maharashtra (Representing Ld Dist Magistrate, Thane Thru Gp ) and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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