Edelweiss Assets Reconstruction Company Ltd Through Its Nikhil Narayan Deshmukh v. The State Of Maharashtra Through Home Minister And Others

2024:BHC-AUG:9607-DB (1)

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 902 WRIT PETITION NO. 4432 OF 2024 904 WRIT PETITION NO. 4630 OF 2024 905 WRIT PETITION NO. 4633 OF 2024 906 WRIT PETITION NO. 4634 OF 2024

(2) 907 WRIT PETITION NO. 4635 OF 2024 908 WRIT PETITION NO. 4636 OF 2024 909 WRIT PETITION NO. 4637 OF 2024 910 WRIT PETITION NO. 4638 OF 2024 911 WRIT PETITION NO. 4639 OF 2024

(3) 913 WRIT PETITION NO. 4646 OF 2024 914 WRIT PETITION NO. 4647 OF 2024 915 WRIT PETITION NO. 4652 OF 2024 916 WRIT PETITION NO. 4653 OF 2024 917 WRIT PETITION NO. 4654 OF 2024

(4) 918 WRIT PETITION NO. 4655 OF 2024 919 WRIT PETITION NO. 4656 OF 2024 920 WRIT PETITION NO. 4657 OF 2024 921 WRIT PETITION NO. 4658 OF 2024 ....

(5) Ms Aummaheshwari S. Jadhav, Advocate for Petitioner in all Petitions;

Ms Neha Kamble, Mr S. K. Tambe, Mr P. K. Lakhotiya, Mr V. M. Kagne, Mr S. B. Narwade, Mr R. S. Wani, Mr R. K. Ingole, Mr V. S. Badakh and Mr S. R. Yadav-Lonikar, A.G.Ps. for Respondents/State in respective Petitions CORAM : RAVINDRA V. GHUGE R. M. JOSHI, JJ.

DATE : 3rd May, 2024 PER COURT:

1.

In all these matters, the same Petitioner Company is before this Court. It had filed 18 separate applications under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Sarfaesi Act), calling upon the District Magistrate, Chhatrapati Sambhajinagar, to pass orders with regard to the mortgaged immovable properties/loan accounts. These Applications have been filed in between 09/08/2023 to 01/11/2023. All are pending orders.

2.

Heard the learned Advocate for the Petitioners and the learned A.G.Ps. for the State Authorities. It is undisputed that,

(6) such Applications filed under Section 14 of the Sarfaesi Act have to be decided by the District Magistrate within a period of 30 days. The learned A.G.Ps. submit on instructions that these Applications would be dealt with by the said Authority in accordance with the provisions of the Sarfaesi Act and appropriate orders would be passed within a period of 30 days from today. 3.

In view of the above statements of the learned A.G.Ps., all these Writ Petitions are disposed off. (R. M. JOSHI, J.) (RAVINDRA V. GHUGE, J.) sjk