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

6-ASWP-12643-2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 12643 OF 2023 Tata Capital Housing Finance Ltd

...Petitioner

Versus

State of Maharashtra & Ors

...Respondents

Mr. Nikhil Mehta, Advocate for the Applicant/Petitioner. Ms. M. S. Bane, A.G.P., for State-Respondent No.1.

CORAM

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

DATE : JANUARY 02, 2024 PC :

1.

The above Writ Petition is filed seeking a direction to the Chief Judicial 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 "SARAESI Act, 2002") being No. C.C. C-202300233 which is pending since 17th September 2022. 2.

Under the normal circumstances, the Magistrate, under Section 14 of the SARFAESI Act, 2002, is supposed to decide the said Digitally signed by ASHWINI JANARDAN VALLAKATI Date:

2024.01.05 11:58:45 +0530 ASHWINI JANARDAN VALLAKATI Application within a period of sixty days.

JANUARY 02, 2024 Ashwini Vallakati

6-ASWP-12643-2023.doc 3.

Considering that more than a year has elapsed since the filing of the said Section 14 Application, we dispose of the above Writ Petition by directing the Chief Judicial 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 production by [ SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.] JANUARY 02, 2024 Ashwini Vallakati