State Bank Of India Through Its Authorized Signatory v. The State Of Maharashtra Through Its Secretary And Others

2025:BHC-AUG:34575-DB

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO. 11660 OF 2025 State Bank Of India Through Its Authorized Signatory

VERSUS

The State Of Maharashtra Through Its Secretary And Others Mr. S. R. Deshpande, Advocate for petitioner Mr. A. M. Phule, AGP for respondent-State

CORAM

: Smt. Vibha Kankanwadi & Hiten S. Venegavkar, JJ.

DATE : 09th December, 2025 PER COURT :- 1.

Present petition is filed by secure creditor who has successfully moved an application under Section 14 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act. 2002 (for Short "SARFAESI Act") before District Magistrate, Beed. On the said application under Section 14 of SARFAESI Act, orders dated 31.03.2016 and 13.04.2019 has been passed and the application under Section 14 of the said Act is allowed with directions to the Tahsildar, Beed and Parali Vaijnath to carry out execution of the said order by handing over possession of the mortgaged property to the petitioners. It is the case of the petitioner that respondent Nos. 3 and 4 till date has not executed the orders mentioned above issued by District Magistrate and therefore, he has preferred the writ petition under Article 226 of 911-WP-11660-2025.odt

Constitution of India, seeking directions from this Court to direct the respondent Nos. 3 and 4 to execute the impugned orders and to tell the physical position of the secured assets to the Authorized Officer of the petitioner.

2.

This Court, while dealing with the execution proceedings by the concerned Tahsildars, have passed an order in Motilal Owal Home Faineance Limited Vs. State of Maharashtra and others in Writ Petition No. 11544/2025 decided on 26.11.2025 wherein directions has been issued to all District Magistrates and the Executing Officers there under as to how and in what manner the orders passed under Section 14 of SARFAESI Act by the District Magistrates are to be implemented and within how much time the order should be given effect. In terms of Paragraph No. 10 and 13 of the said order, present petition can be disposed of. Thus, the respondent Nos. 3 and 4 are directed to decide the application of the petitioner in terms of Paragraph No. 10 and 13 of the order dated 26.11.2025 passed in Writ Petition No. 11544/2025. 3.

Accordingly, petition stands disposed of.

(Hiten S. Venegavkar, J.) (Smt. Vibha Kankanwadi, J.) B. S. Joshi 911-WP-11660-2025.odt