Tata Capital Housing Finance Ltd. Thru. Officer vs the… — Banking and Recovery | Bombay HC (2025)

Tata Capital Housing Finance Ltd. Thru. Officer vs the… — Banking and Recovery | Bombay HC (2025)

What the court decided

AI extract

Outcome

Direction to Respondent Nos. 2 and 3 to provide necessary police assistance to the appointed Court Commissioner by 7th January 2026 for taking physical possession of the mortgaged property in compliance with the Section 14 SARFAESI order dated 21st December 2024; no order as to costs.

Issue for consideration

Whether Respondent Nos. 2 and 3 should be directed to provide police assistance to the appointed Court Commissioner (Judicial Magistrate First Class, Nashik Court Room No. 3) to enable taking physical possession / forcible physical possession of the mortgaged property in compliance with the order dated 21st December 2024 passed under Section 14 of the SARFAESI Act, 2002 by the Additional Chief Judicial Magistrate, Nashik.

Court's answer

This Court directed Respondent Nos. 2 and 3 to provide the necessary police assistance to the appointed Court Commissioner (Judicial Magistrate First Class, Nashik Court Room No. 3) for taking physical possession / forcible physical possession of the mortgaged property by 7th January 2026, in compliance with the order dated 21st December 2024 passed under Section 14 of the SARFAESI Act, 2002 by the Additional Chief Judicial Magistrate, Court Room No. 12, Nashik.

Detailed headnote1 paragraphs

SARFAESI Act, 2002 - Section 14 - police assistance - Court Commissioner - physical possession of mortgaged property. The Petitioner financier sought a direction to Respondent Nos. 2 and 3 (State authorities) to assist the Court Commissioner, Judicial Magistrate First Class, Nashik Court Room No. 3, appointed under the order dated 21st December 2024 of the Additional Chief Judicial Magistrate, Court Room No. 12, Nashik, to take physical possession of the mortgaged property; possession had failed earlier for want of police assistance. The Division Bench directed Respondent Nos. 2 and 3 to provide the necessary police assistance to the Court Commissioner by 7th January 2026 in compliance with the said Section 14 order, and disposed of the Writ Petition with no order as to costs.

Tata Cap. Hsg. Finance Ltd. Vs. State 6.WP/8498/2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

WRIT PETITION NO. 8498 OF 2025

Tata Capital Housing Finance Ltd.

… Petitioner

V/s.

The State of Maharashtra & Ors. … Respondents

Mr. Nikhil Mehta i/b. KMC Legal for Petitioner.

Mr. A.A. Alaspurkar, learned AGP for Respondent – State.

CORAM : R.I. CHAGLA AND FARHAN P. DUBASH, JJ. DATE : 3^rd DECEMBER 2025

ORDER :

By this Writ Petition the Petitioner has sought a direction to

Respondent Nos. 2 and 3 to forthwith render necessary assistance to the appointed Court Commissioner being Judicial Magistrate First Class, Nashik Court Room No. 3 to take physical possession / forcible physical possession of the mortgaged property in terms of the order dated 21^st December 2024 passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002) by the Additional Chief Judicial Magistrate, Court Room No. 12, Nashik.

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Tata Cap. Hsg. Finance Ltd. Vs. State 6.WP/8498/2025

By the order dated 21^st December 2024 passed by the Additional Chief Judicial Magistrate, Nashik under Section 14 of the SARFAESI Act, 2002, the Court Commissioner has been appointed to take physical possession / forcible physical possession of the mortgaged property. However, the physical possession could not be taken in view of non provision of necessary police assistance to the Court Commissioner.

In view thereof, we direct Respondent Nos. 2 and 3 to provide the necessary police assistance to the appointed Court Commissioner being Judicial Magistrate First Class, Nashik Court Room No. 3 for taking physical possession / forcible physical possession of the mortgaged property by 7^th January 2026 in compliance with the order dated 21^st December 2024 passed under Section 14 of the SARFAESI Act, 2002 by the Additional Chief Judicial Magistrate, Court Room No. 12, Nashik.

The Writ Petition is accordingly disposed of. There shall be no order as to costs.

[FARHAN P. DUBASH, J.]

[R.I. CHAGLA, J.]

Ajay Jadhav WP/8498/2025 Digitally signed JYOTIPRAKASH by JYOTIPRAKASHPAWAR PAWAR Date:2025.12.04 15:59:51 +0530

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