Tata Capital Housing Finance Ltd v. State Of Maharashtra Thr The Government Pleader And ANR

5.WP.3799.24.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3799 OF 2024 Tata Capital Housing Finance Ltd ..Petitioner

Versus

State of Maharashtra & Anr ..Respondents ANJALI TUSHAR ASWALE by ANJALI TUSHAR ASWALE Date: 2024.04.19 10:52:53 +0530 Mr.Nikhil Mehta i/b KMC Legal Venture, Advocates for the Petitioner.

Ms.Tanaya Goswami, AGP, for Respondent No.1 / State.

CORAM

: B. P. COLABAWALLA & SOMASEKHAR SUNDARESAN, JJ.

DATE : APRIL 18, 2024 P.C.

1.

The above Writ Petition is filed seeking a direction to the District Magistrate, Thane to expedite the hearing of the Application filed under Section 14 of the the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (for short "the SARFAESI Act, 2002") being Securitization Application No. 809 of 2023 which is pending since 28th June, 2023.

2.

Under the normal circumstances, the Magistrate, under Section 14 of the SARFAESI Act, 2002, is supposed to decide the APRIL 18, 2024 Aswale

5.WP.3799.24.DOC said Application within a period of sixty days. 3.

Considering that almost a year has elapsed since the filing of the said Section 14 Application, we dispose of the above Writ Petition by directing the District Magistrate, Thane to hear the Section 14 Application filed by the Petitioner as expeditiously as possible and in any event within a period of six weeks from today. 4.

The above Writ Petition is disposed of in the aforesaid terms. However, there shall be no order as to costs. 5.

Personal Assistant of this Court. All concerned will act on [SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.] APRIL 18, 2024 Aswale