Ahmednagar Merchants Co Operative Bank Limited Ahmednagar Through Its Chief Executive Officer v. The State Of Maharashtra Through The Secretary And Others
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD WRIT PETITION NO. 10531 OF 2023 Ahmednagar Merchants Co-operative Bank Limited, Ahmednagar Petitioner
Versus
The State of Maharashtra & others Respondents Mr. A. D. Shinde, advocate i/by Mr. A. V. Hon, advocate for the petitioner.
Mr. D. R. Kale, Government Pleader for Respondents. CORAM : DEVENDRA KUMAR UPADHYAYA, CJ. & ARUN R. PEDNEKER, J.
DATE : 24th AUGUST, 2023.
P.C. :
1.
The parlance of this writ petition, invoking jurisdiction of this Court under Article 226 of the Constitution of India, is to get the the order dated 23.01.2020, passed by the Additional District Magistrate, Ahmednagar, executed by issuing appropriate directions to the Tahsildar concerned.
2.
The order dated 23.01.2020 has been passed under
Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002, whereby it has been ordered that certain property belonging to the borrower be taken in possession. The Additional District Magistrate, Ahmednagar, has already passed the order and in case the order has not been executed, the petitioner ought to have approached the Collector itself.
3.
In view of the aforesaid observation, this petition stands disposed of with liberty to the petitioner to approach the Collector concerned for getting executed the order dated 23.01.2020, as per law. In case the petitioner approaches the Collector with such application, same shall be considered and decided in accordance with law within a period of eight weeks from the date of filing of such application. 4.
We have been persuaded to pass this order keeping in view the provisions of Section 14 (2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest (SARFAESI) Act, 2002, which clearly provides that the Chief Metropolitan Magistrate or the
District Magistrate may take or cause to be taken such steps and use, or cause to be used such force, as may, in his opinion, be necessary for ensuring of compliance of the order passed under Section 14 of the SARFAESI Act. (ARUN R. PEDNEKER, J.) (CHIEF JUSTICE) adb