Bombay High Court
TATA CAPITAL HOUSING FINANCE LTD THR ITS AUTHORIZED OFFICER SHAMVEL B PATOLEversusTHE STATE OF MAHARASHTRA THR THE ADDITIONAL DISTRICT MAGISTRATE AND ORS
- Disposal
- DISPOSED OFF
Holding
The petition is disposed of, with the implementation of the district magistrate’s order to be effected within four weeks, provided no appeal is pending.
Summary
The petitioner, Tata Capital Housing Finance Ltd., filed a writ petition seeking a direction to the State of Maharashtra to implement an order dated 10 October 2024 passed by the District Magistrate of Chhatrapati Sambhaji Nagar under section 14 of the SARFAESI Act, 2002. The respondents, represented by the Additional Government Pleader, indicated that no appeal is pending against the district magistrate’s order and that it can be implemented within four weeks of receiving a copy of the court’s order. The Court accepted this undertaking as sufficient compliance and recorded it as an undertaking to the Court. Consequently, the petition was disposed of without further directions. The order essentially confirms that the district magistrate’s order will be executed promptly, subject to the condition that no appeal is pending.
Issues considered
- Whether the writ petition seeking a direction to implement the district magistrate’s order under section 14 of the SARFAESI Act is maintainable.
- Whether the implementation can proceed without a pending appeal.
Legislation cited
Subjects
- SARFAESI Act
- section 14
- writ petition
- implementation order
- district magistrate
- financial assets
- security interest
Judgment
2026:BHC-AUG:42026-DB
wp11912-26.doc
drp
IN THE HIGH COURT OF JUDICATURE OF BOMBAY
BENCH AT AURANGABAD
WRIT PETITION NO.11912 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 10th October, 2024 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/wp11912-26.doc
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