Hdb Financial Service Limited Through Its Authorized Officer Vijaykumar Bhimrao Sapkal v. The State Of Maharashtra Through The Secretary And Others

925 and 926.wp.12441.22.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 925 WRIT PETITION NO.12441 OF 2022 HDB FINANCIAL SERVICE LIMITED THROUGH ITS AUTHORIZED OFFICER VIJAYKUMAR BHIMRAO SAPKAL

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. Amol S. Gandhi h/f. Mr. Punit S. Mehta AGP for Respondent/State : Ms. M.A. Deshpande ...

AND 926 WRIT PETITION NO.12443 OF 2022 HDB FINANCIAL SERVICE LIMITED THROUGH ITS AUTHORIZED OFFICER VIJAYKUMAR BHIMRAO SAPKAL

VERSUS

THE STATE OF MAHARASHTRA THROUGH THE SECRETARY AND OTHERS ...

Advocate for Petitioner : Mr. Amol S. Gandhi h/f. Mr. Punit S. Mehta AGP for Respondent/State : Ms. Vaishali N. Patil Jadhav ...

CORAM

: MANGESH S. PATIL AND Y. G. KHOBRAGADE, JJ.

DATE : 08.12.2022 PER COURT :

Heard the learned advocate for the petitioner and the learned AGP for the respondent State.

2.

The petitioner is aggrieved by the fact that in spite of the respondent Collector having exercised the power under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, the order is being sought to be executed by the Tahsildar through his subordinates which has been held to be illegal by this 1/2

925 and 926.wp.12441.22.odt Court in the matter of Punjab National Bank Vs. State of Maharashtra and Ors.; (WP No.26048/2019 dated 12.12.2019).

3.

We dispose of the writ petition by directing the respondent No.3 - Tahsildar to take appropriate steps in the light of the observations made herein above and the decision of this Court in the matter of Punjab National Bank (supra) as early as possible and in any event within two weeks from today.

(Y. G. KHOBRAGADE, J.) (MANGESH S. PATIL, J.) habeeb 2/2