Poonawalla Fincorp Limited Through Its Authorized Officer v. The State Of Maharashtra Through The Secretary And Others
After the amendment is carried out by the learned Advocate on 25.10.2023, this order dated 11.10.2023 is corrected and uploaded in view of the order dated 18.10.2023 passed on the Motion for speaking to the minutes of the order. - 1 -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 950 WRIT PETITION NO.12574 OF 2023 POONAWALLA HOUSING FINANCE LIMITED THROUGH ITS AUTHORIZED OFFICER
VERSUS
THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS Mr.P.S.Mehta, Advocate for the Petitioner.
Mr.S.K.Tambe, AGP for the Respondent/State.
( CORAM : RAVINDRA V. GHUGE AND Y. G. KHOBRAGADE, JJ.) DATE : OCTOBER 11, 2023 PER COURT :
1.
The Petitioner has put forth prayer clause '
B'
as under :- "B. By issuing appropriate writ / order / direction, the Respondent No.3 Tahsildar, Dhule be directed to take possession of the Secured Property as per order No.Secu./S.R./Pu.Hou.Fin.Lit./ Valvadi / 28/ 23 dated 09.03.2023 passed by the Respondent No.2 District Magistrate @ The Collector, Dhule."
2.
Heard the learned Advocate and the learned AGP. Perused the Petition paper book. Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest khs/Oct.2023/12574
After the amendment is carried out by the learned Advocate on 25.10.2023, this order dated 11.10.2023 is corrected and uploaded in view of the order dated 18.10.2023 passed on the Motion for speaking to the minutes of the order. - 2 - Act, 2002 mandates compliance of the order of the District Collector within 30 days.
3.
In view of the above, this Petition is disposed off with a direction to Respondent no.3 to initiate appropriate action strictly within the framework of the SARFAESI Actand complete the procedure within 30 days from today.
4.
If there is any legal impediment, he would approach this Court by filing a civil application.
( Y. G. KHOBRAGADE, J. ) ( RAVINDRA V. GHUGE, J.) khs/Oct.2023/12574