Bombay High Court
BAJAJ HOUSING FINANCE LTDversusSTATE OF MAHARASHTRA THR GP AND ANR
- Decided
- Disposal
- Disposed Off
Holding
The High Court held that the magistrate must dispose of the Section 14 application within the time limit prescribed by the earlier judgment.
Summary
Bajaj Housing Finance Ltd, a secured creditor, filed a writ petition seeking a court direction to expedite the disposal of its pending application under Section 14 of the SARFAESI Act before the Chief Metropolitan Magistrate, Mumbai. The petition argued that the magistrate had violated the guideline from L & T Finance Ltd. v. State of Maharashtra, which mandates disposal within 30 days of filing. The High Court examined whether the magistrate’s delay contravened the established guideline and whether the petitioner was entitled to a specific time‑bound direction. Relying on the precedent, the Court held that the magistrate must adhere to the 30‑day disposal rule. Consequently, the Court ordered the magistrate to dispose of the pending application (Securitisation Case No. 553 of 2026) within four weeks and dismissed any other pending applications.
Issues considered
- Whether the delay in disposing the Section 14 application violates the guideline set in L & T Finance Ltd. v. State of Maharashtra.
- Whether the High Court can direct a lower court to dispose of a pending application within a specified time frame.
Legislation cited
Subjects
- Secured creditor
- SARFAESI Act
- Section 14
- Writ petition
- Time‑bound disposal
- Magistrate's jurisdiction
- Precedent
Judgment
varsha 10-wp-12375-2026.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.12375 OF 2026
Bajaj Housing Finance Ltd .. Petitioner
V/S.
State Of Maharashtra Thr GP And .. Respondents
Anr
-------------------
Mr. Sanjay Anabhawane, for the Petitioner.
Ms. P.M.J. Deshpande AGP, for the State.
--------------------
CORAM : MANISH PITALE &
SHREERAM V. SHIRSAT, JJ.
DATE : 23rd SEPTEMBER 2026.
PC:
Digitally
signed by
VARSHA
VARSHA DEEPAK
DEEPAK GAIKWAD
GAIKWAD Date:
2026.09.23
1. By this petition, the petitioner (secured creditor) is seeking a
14:28:20
+0530
limited direction for hearing and disposal of pending application under
section 14 of the Securitisation and Reconstruction of Financial Assets
and Enforcement of Security Interest Act, 2002 (SARFAESI Act).
2. It is submitted that the said application is pending before the
court of Chief Metropolitan Magistrate, Mumbai, since 8/6/2026.
3. In the case of 'L and T Finance Limited Vs. State of Maharashtra
and Ors'1, this court has issued guidelines as regards the manner in
which such applications under Section 14 of the Securitisation Act are
supposed to be disposed of.
4. In paragraph 23(a) of the said judgment, it is directed that such
1 2023 SCC online Bom (931)
1 of 2
varsha 10-wp-12375-2026.doc
applications filed by secured creditors under Section 14 of the
Securitisation Act should be disposed of not later than 30 days of the
filing of such applications. Evidently, the said direction has been
violated in the present case.
5. In that light, appropriate directions can be issued.
6. In view of the above, the writ petition is disposed of by directing
the court of Chief Metropolitan Magistrate, Mumbai, to take up
pending application under Section 14 of the Securitisation Act filed by
the petitioner (secured creditor) bearing Securitisation Case No. 553 of
2026 and dispose of the same within four weeks from the date of this
order.
7. Pending applications, if any, also stand disposed of.
(SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)
2 of 2
Checking your session…
Lawyer court records for this case
Associated through the court’s case reference.