Tata Capital Housing Finance Ltd. Thro. Yogesh Gadodia Manager Legal v. the State of Maharashtra Throu. the Officer of the Govt Pleader and Anr.
SARFAESI Act, 2002 – S.14 – non-implementation of District Magistrate's possession order
Case brief
What is this about?
Bombay High Court, Writ Petition No. 1958 of 2025, decided 03-12-2025 (R.I. Chagla and Farhan P. Dubash, JJ.). Tata Capital Housing Finance Ltd. v. State of Maharashtra & Ors. Petitioner issued S.13(2) demand notice dated 14-10-2019 after NPA classification on 07-09-2019, took symbolic possession under S.13(4), obtained S.14 order from District Magistrate, Pune dated 30-09-2020, but physical possession not taken even after Respondent No. 2's notices dated 06-01-2025. Court directed Respondent No. 2 to take physical possession on or before 07-01-2026, issue notice of possession by 05-12-2025, and concerned Police Station to render police assistance. Petition disposed, no costs. Keywords: SARFAESI; Section 14; Section 13(2); Section 13(4); physical possession; District Magistrate Pune; police assistance; secured asset.
What did the court decide?
Writ Petition disposed with directions: Respondent No. 2 to take physical possession of the mortgaged property in terms of the DM Pune S.14 order dated 30-09-2020 on or before 07-01-2026; notice of possession to be issued by 05-12-2025; concerned Police Station to provide police assistance (protection) during taking of possession; no order as to costs.