Adani Housing Finance Pvt Ltd Through Its Authorized Officer v. The State Of Maharashtra And Others

2024:BHC-AUG:27126-DB 34 WP 12399 OF 2024.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 34 WRIT PETITION NO. 12399 OF 2024 ADANI HOUSING FINANCE PVT LTD THROUGH ITS AUTHORIZED OFFICER

VERSUS

THE STATE OF MAHARASHTRA AND OTHERS ...

Advocate for the Petitioner : Mr. Jadhav Aummaheshwari S. AGP for Respondents: Mr. M.M. Nerlikar ...

CORAM

: MANGESH S. PATIL & PRAFULLA S. KHUBALKAR , JJ.

DATE : 18.11.2024 PER COURT :

Heard.

2.

The petitioner, which is a secured creditor, is seeking implementation of the order passed by respondent no. 2-District Magistrate under Section 14 of the The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002. 3.

It appears that instead of executing the order himself the respondent no. 3-Tahsildar and Executive Magistrate seems to have directed his subordinate to implement the order when he himself is a delegate and could not have further delegated it to his subordinate. 4.

We dispose of the writ petition directing respondent no. 3 to implement the order of respondent no. 2-District Magistrate dated 29.04.2023, as expeditiously as possible, and in any case within six weeks. ( PRAFULLA S. KHUBALKAR J.) (MANGESH S. PATIL, J.) mkd/- 1/1