Standard Chartered Bank v. The State Of Maharashtra And ORS

YBG 30-wp-1729-17

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.1729 OF 2017 Standard Chartered Bank .. Petitioner -VersusThe State of Maharashtra & Ors.

..Respondents Mr. R.L.Motwani for petitioner Ms. Aparna Vahatkar, AGP for State.

CORAM

:

RM. BORDE, & A.S.GADKARI, JJ.

DATE :

27th February 2017.

P.C.

1] The petitioner is praying for issuance of directions to respondent Nos. 1 to 3 to provide police protection for execution of the orders passed by the Chief Metropolitan Magistrate in Case No.583/SA/2015 under section 14 of the Securitisation and Financial Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002.

2] The police authorities have refused to provide police protection on the ground of pendency of a writ petition being W.P.No.2170 of 2017 presented by one Shailesh Savalia. Mere presentation of petition shall

YBG 30-wp-1729-17 not be a impediment for police authorities to refuse to provide police protection unless there is any interim directions or orders passed by this Court prohibiting the police authorities from proceeding further in the matter. It has not been demonstrated that any interim order has been passed by this Court. Learned Counsel appearing for State informs that if the petitioner gives advance intimation of about seven days, appropriate arrangements can be made for providing police protection for enforcement of order passed by the competent court. 3] The petitioner undertakes to given an advance intimation of 7 (seven) days to respondent Nos. 2 and 3 and upon receipt of such intimation the respondent Nos. 2 and 3 shall take appropriate steps to provide protection for enforcement of the order. 4] In view of the above, petition is disposed of. (A.S.GADKARI, J) (R.M.BORDE, J)