Bombay High Court

TATA CAPITAL HOUSING FINANCE LTD THR ITS AUTHORIZED OFFICER SHAMVEL B PATOLEversusTHE STATE OF MAHARASHTRA AND OTHERS

Disposal: DISPOSED OFF

Holding

The Court recorded the respondent's undertaking to implement the order and disposed of the petition.

Summary

Tata Capital Housing Finance Ltd filed a writ petition seeking a direction to the State of Maharashtra to implement a District Magistrate's order dated 19 October 2023, issued under Section 14 of the SARFAESI Act. The petitioner argued that the order should be enforced without delay. The respondent's Advocate General indicated that, in the absence of any pending appeal, the order would be implemented within four weeks of receiving the court's copy. The High Court recorded this statement as an undertaking and consequently disposed of the petition. No further directions or orders were made.

Issues considered

Whether the High Court can direct the respondent to implement the District Magistrate's order under Section 14 of the SARFAESI Act

Legislation cited

Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 — s. 14

Subjects

SARFAESI Act
Section 14
implementation of order
writ petition
High Court
undertaking
disposal

Judgment

2026:BHC-AUG:42025-DB

wp11834-26.doc
drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD

WRIT PETITION NO.11834 OF 2026

Tata Capital Housing Finance Ltd., Through its
Authorized Officer Shamvel B. Patole PETITIONER

VERSUS

The State of Maharashtra and Others RESPONDENTS
.......
Mr. Suresh W. Munde, Advocate for the Petitioner
Mr. M. K. Goyanka, AGP for Respondent - State
....…

[CORAM : NITIN B. SURYAWANSHI, &
ABASAHEB D. SHINDE, J. J.]

DATE : 10th SEPTEMBER, 2026
ORDER :

1. This Petition seeks direction to Respondent No.3, to
implement order dated 19th October, 2023 passed by the District
Magistrate, Chhatrapati Sambhaji Nagar, under section 14 of the
Securitisation and Reconstruction of Financial Assets and
Enforcement of Security Interest Act, 2002 Act.

2. Learned AGP, on instructions, submits that if there is no
appeal pending, the order will be implemented within a period of
4 weeks from the date of receipt of copy of this order.

3. By recording the said statement as undertaking to this
Court, the Writ Petition is disposed of.

[ ABASAHEB D. SHINDE ] [ NITIN B. SURYAWANSHI ]
JUDGE JUDGE
drp/wp11834-26.doc

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