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Bombay High Court

CENTRAL BANK OF INDIA THR ITS AUTHORISED OFFICER RAM KRISHNAversusTHE STATE OF MAHARASHTRA THR THE ADDITIONAL CHIEF SECRETARY AND OTHERS

Disposal
DISPOSED OFF

Holding

The Court ordered the respondents to execute the Section 14 order within one month, thereby enforcing the SARFAESI Act provision.

Summary

The Central Bank of India, through its authorised officer, filed a writ petition in the Bombay High Court seeking the implementation of an order dated 28 June 2024 issued by the District Magistrate and Collector of Ahmednagar under Section 14 of the SARFAESI Act, 2002. The petition alleged that the order, which pertained to the enforcement of security interest over the bank's financial assets, had not been executed by the concerned authorities. The Court examined whether the respondents were bound to carry out the order within the statutory framework of the SARFAESI Act. It held that the order must be executed and directed the specified respondents to comply within one month of receiving the copy. Consequently, the petition was disposed after directing compliance.

Issues considered

  • Whether the order dated 28.06.2024 passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, must be executed by the respondents?

Legislation cited

Subjects

  • SARFAESI Act
  • Section 14
  • execution of order
  • writ petition
  • banking security interest
  • High Court

Judgment

2026:BHC-AUG:43940-DB


                                                   *1*

                           IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD
                                136 WRIT PETITION NO.10576 OF 2026
                                          Central Bank Of India
                                 Thr Its Authorised Officer Ram Krishna
                                                 VERSUS
                                        The State Of Maharashtra
                            Thr The Additional Chief Secretary And Others
                                                   …..
                     Shri. Dr. Sahebrao G. Nandedkar, Advocate for the Petitioner
                            Shri. V. M. Kagne, AGP for Respondent – State.
                                                    …..

                                      CORAM : NITIN B. SURYAWANSHI &
                                              ABASAHEB D. SHINDE, JJ.
                                      DATE : 22nd SEPTEMBER 2026

                P. C. :-

                .          Leave to add Tahsildars - Shevgaon and Shrirampur as

                party Respondents. Amendment be carried out forthwith.


                2.         By this Petition, the Petitioner seeks implementation /

                execution of the order dated 28.06.2024 (Exh. ‘A’) passed by the

                District Magistrate and District Collector, Ahmednagar under

                Section 14 of the Securitisation and Reconstruction of Financial

                Assets and Enforcement of Security Interest Act, 2002.



                3.         In view of the above, Respondent Nos.7, 15 and 16 shall

                execute the order dated 28.06.2024 (Exh. ‘A’) passed by the

                District Magistrate and District Collector, Ahmednagar, within a
                                  *2*

period of one (1) month from the date of receipt of copy of this

order. Writ Petition is, accordingly, disposed of.




(ABASAHEB D. SHINDE, J.)            (NITIN B. SURYAWANSHI, J.)


GGP


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