Disposed¶20

Deepak Madhukar Gaikwad v. Centrum Housing Finance Ltd.

Bombay HC6 May 2025WP/6210/2025

Case brief

AI extract

What is this about?

SARFAESI; Section 14 SARFAESI; Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act of 2002; Court Commissioner; possession notice dated 11 April 2025; alternative remedy; Debts Recovery Tribunal; order dated 5 April 2025; agricultural land; residential house plot; Centrum Housing Finance Ltd.; Deepak Madhukar Gaikwad; writ petition disposed; all points kept open; Bombay High Court; 2025; Sangli; Tasgaon.

What did the court decide?

Writ petition disposed of with the liberty flowing from the Court's observation that the petitioners may approach the Debts Recovery Tribunal to challenge the order dated 5 April 2025 passed under Section 14 of the SARFAESI Act; all points raised kept open. ¶20

Deepak Madhukar Gaikwad Vs Centrum Housing Finance Ltd. — Banking and Recovery | Bombay HC (2025)

What the court decided

AI extract

Outcome

¶20

Issue for consideration

Whether the notice dated 11 April 2025 issued by the Court Commissioner proposes to take possession of the petitioners' agricultural land. +1 more

¶12

Court's answer

On examining the notice, the subject property is described as a Residential House, Plot No.30, Gate No.302/2, M.M. Park, Ghotewadi Road at Tasgaon, Taluka Tasgaon, Dist. Sangli, i.e. not as agricultural land.

¶13

Ratio / Principle

It cannot be said that possession of any agricultural land is being taken under the notice dated 11 April 2025.

¶14

Key takeaways

Since the remedy of approaching the Debts Recovery Tribunal for challenging the order dated 5 April 2025 passed under Section 14 of the SARFAESI Act is available, the Court was not inclined to entertain the writ petition.ratio¶19
With the aforesaid liberty, the writ petition is disposed of and all points raised are kept open.ratio¶20

Detailed headnote1 paragraphs

Bombay High Court, Civil Appellate Jurisdiction, Writ Petition No.6210 of 2025, decided 6 May 2025 by A.S. Chandurkar and M.M. Sathaye, JJ. The petitioners were aggrieved by a notice dated 11 April 2025 issued by the Court Commissioner intending to take possession of immovable property and contended that possession of agricultural land was proposed to be taken. The Court found that the schedule to the notice described the property as a Residential House, Plot No.30, Gate No.302/2, M.M. Park, Ghotewadi Road at Tasgaon, Taluka Tasgaon, Dist. Sangli, and therefore held that possession of any agricultural land was not being taken. Further observing that the remedy of approaching the Debts Recovery Tribunal for challenging the order dated 5 April 2025 passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act of 2002 was available, the Court was not inclined to entertain the writ petition and disposed of the same, keeping all points raised open.

Deepak Madhukar Gaikwad v. Centrum Housing Finance Ltd.

Case brief

What is this about?

What did the court decide?

Deepak Madhukar Gaikwad v. Centrum Housing Finance Ltd.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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