Hdfc Finance Service Ltd. Through Its Authorized Officer v. State Of Maharshtra

20.wp.8798.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.8798 OF 2023 HDB Financial Services Ltd .. Petitioner

Versus

The State of Maharashtra & Anr.

.. Respondents Mr.Padmakar Garad i/b S.G. Legal & Associates, Advocate for the Petitioner.

Digitally signed by UTKARSH KAKASAHEB BHALERAO Date:

2023.07.24 11:17:30 +0530 UTKARSH KAKASAHEB BHALERAO Ms.N. M. Mehra, AGP for State.

CORAM

: B. P. COLABAWALLA & M.M. SATHAYE, JJ.

DATE : JULY 20, 2023 P. C.

1.

The above Writ Petition is filed making a grievance that though the Petitioner-Bank has filed an Application under Section 14 of the SARFAESI Act, 2002 [before the learned Chief Metropolitan Magistrate, Esplanade Court, Mumbai], no order has been passed till date.

2.

The Application seeking an order under Section 14 has been filed on 17th January, 2023. Section 14 stipulates that the concerned JULY 20, 2023 Utkarsh

20.wp.8798.2023.doc Magistrate should pass an order on the Application within a maximum period of 60 days.

3.

We do understand the exigency of work of the Chief Metropolitan Magistrate and which is why the delay must have occurred. In these circumstances we request the Chief Metropolitan Magistrate to decide C.C.No.100085/SA/2023 within a period of 2 months from today.

4.

The Writ Petition is accordingly disposed of. However, there shall be no order as to costs.

5.

Personal Assistant of this Court. All concerned will act on production by [ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.] JULY 20, 2023 Utkarsh