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Bombay High CourtWP/9586/2023disposed off

Religare Finvest Limited (Rfl) v. The State Of Maharashtra And ORS

2023-08-07Hon'Ble Shri Justice B.P. Colabawalla,Hon'Ble Shri Justice M. M. Sathaye3 pages

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9586 OF 2023 Religare Finvest Limited (RFL) .. Petitioner

Versus

The State of Maharashtra and Ors.

.. Respondents YUGANDHARA SHARAD PATIL by YUGANDHARA SHARAD PATIL Date: 2023.08.08 16:26:38 +0530 Mr. Praful Chipte i/b Mr. Anjay Anabhawane, Advocates for the Petitioner/s.

Mr. A.I. Patel , Additional GP for Respondent Nos. 1 to 4State.

CORAM

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

DATE : AUGUST 07, 2023 P. C.

1.

In the above Writ Petition, the Petitioner seeks a writ, order or direction to the Senior Inspector of Police of Rabale Police Station, Navi Mumbai, seeking police assistance for execution of the order dated 18/01/2023, passed under Section 14 of the SARFAESI Act, 2002.

2.

The learned advocate appearing on behalf of the Petitioner submitted that the date for taking possession of the

secured asset is 18/08/2023. They are unable to secure police assistance and, therefore, the present Writ Petition is filed. 3.

Mr. Patel, the learned AGP appearing on behalf of Respondent Nos. 1 to 4 has tendered a letter dated 07/08/2023, wherein it is stated that the police protection will be provided to the Petitioner to take possession of the secured asset, subject to the Petitioner paying the requisite charges for the said police protection. Said letter is taken on record and marked as "X" for identification. 4.

In the light of this letter, subject to Petitioner paying necessary charges, we direct that Senior Inspector of Police of Rabale Police Station, Navi Mumbai, shall give necessary police assistance (including providing adequate number of police officials) to the Petitioner for execution of the order dated 18/01/2023 and which is to be executed on 18/08/2023.

5.

With these directions, the above Writ Petition is disposed of. No order as to costs.

6.

Though we have disposed of the above Writ Petition, only for the purpose of reporting compliance, we place the Writ Petition on board on 21/08/2023.

7.

This order will be digitally signed by the Private Secretary/ Personal Assistant of this Court. All concerned will act on [ M.M. SATHAYE, J.] [ B. P. COLABAWALLA, J.]