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Bombay High CourtWP/2634/2025disposed off

Motilal Oswal Faineance Limited Authorized Officer Syed Salman Anwar Shaker v. The State Of Maharashtra And Others

2025-02-25Hon'Ble Shri Justice Mangesh S. Patil,Hon'Ble Shri Justice Prafulla S. Khubalkar2 pages

2025:BHC-AUG:5478-DB 57 70 WP 2634 25+.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 57 WRIT PETITION NO. 2634 OF 2025 MOTILAL OSWAL FAINEANCE LIMITED AUTHORIZED OFFICER SYED SALMAN ANWAR SHAKER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioner : Mr. Choure Balasaheb Saheb AGP for Respondent/State : Mr. R.K. Ingole ...

70 WRIT PETITION NO. 2683 OF 2025 MOTILAL OSWAL FAINEANCE LIMITED AUTHORIZED OFFICER SYED SALMAN ANWAR SHAKER

VERSUS

THE STATE OF MAHARASHTRA SUPERINTENDENT OF POLICE JALGAON ...

Advocate for the Petitioner : Mr. Choure Balasaheb Saheb AGP for Respondent/State : Mr. R.K. Ingole

CORAM

: MANGESH S. PATIL & PRAFULLA S. KHUBALKAR , JJ.

DATE : 25.02.2025 PER COURT :

The petitioner in both these matters is a secured creditor awaiting execution of the order passed by the District Magistrate under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). 2.

The petitions have been preferred only on the ground that for want of police protection, the order is not being able to be executed. In one of these matters, according to the learned advocate for the petitioner, even the Bhatta has been deposited with the concerned police station and still the protection has not been provided.

2.

We have heard the learned advocate for the petitioner as also the learned 1/2

57 70 WP 2634 25+.odt A.G.P.

3.

We dispose of the writ petitions with a direction to respondent nos. 1 to 3 from both these petitions to take appropriate steps without even waiting for any Bhatta to be paid for providing security to the Tahsildar concerned for execution of the order passed by the District Magistrate under Section 14 of the SARFAESI Act.

( PRAFULLA S. KHUBALKAR J.) (MANGESH S. PATIL, J.) mkd/- 2/2