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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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