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Bombay High CourtWP/9324/2023disposed off

Hdb Finance Service Ltd Thro. Its Authorized Officer Mital. A. Adukia v. State Of Maharashtra And ANR

2023-08-01Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice M. M. Sathaye2 pages

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION by LAXMI SUBHASH SONTAKKE Date:

2023.08.02 15:21:06 +0530 LAXMI SUBHASH SONTAKKE WRIT PETITION NO. 9324 OF 2023 HDB Financial Services Ltd.

.. Petitioner

Versus

The State of Maharshtra & Anr.

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

Mr. R. S. Pawar, AGP for the State.

CORAM

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

DATE : AUGUST 01, 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 20th March, 2023. Section 14 stipulates that the concerned AUGUST 01, 2023 Laxmi

25 wp 9324-23.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.100216/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.] AUGUST 01, 2023 Laxmi