Bombay High Court

INDIA SHELTER FINANCE CO LTD THROUGH ITS AUTHORIZED OFFICERversusDISTRICT COLLECTOR DISTRICT MAGISTRATE AND OTHERS

Disposal: DISPOSED OFF

Holding

The court recorded the respondent's undertaking to hand over possession within four weeks and disposed of the petition.

Summary

India Shelter Finance Co. Ltd., the petitioner, filed a writ petition seeking a court direction for the respondents to implement a possession order under section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act and hand over the secured assets. The respondent, represented by the AGP, undertook that possession would be handed over within four weeks. The court recorded this undertaking as a binding direction. No further argument or evidence was required. Consequently, the petition was disposed of on the basis of the respondent's undertaking.

Issues considered

Whether the respondents should be directed to implement the possession order under section 14 of the SARFAESI Act

Legislation cited

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

Subjects

SARFAESI
possession order
secured assets
writ petition
undertaking
implementation

Judgment

2026:BHC-AUG:37823-DB


                                                                        wp3815-26.doc
                 drp
                         IN THE HIGH COURT OF JUDICATURE OF BOMBAY
                                    BENCH AT AURANGABAD

                                 WRIT PETITION NO.3815 OF 2026

                 India Shelter Finance Co Ltd.,
                 Through its Authorized officer                         PETITIONER

                        VERSUS

                 District Collector / District Magistrate & Others     RESPONDENTS
                                                  .......
                 Mr. Amarjeet V. Patil, Advocate for the Petitioner
                 Mr. V. M. Kagne, AGP for Respondent - State
                                                  ....…

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

                                      DATE : 19th AUGUST, 2026
                 ORDER :

                 1.     By this Petition, the Petitioner seeks direction to the
                 Respondents to implement the possession order under section
                 14 of the Securitisation and Reconstruction of Financial Assets
                 and Enforcement of Security Interest Act and hand over
                 possession of the secured assets to the Petitioner.


                 2.     Learned AGP, on instructions, states that, within four
                 weeks the possession of the secured assets will be handed over
                 to the Petitioner.


                 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/wp3815-26.doc

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