Dcb Bank Limited Through Its Authorized Signatory Kiran Shivaji Kurhe v. The District Magistrate And Collector And Others

948 WP 846 OF 2023.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 948 WRIT PETITION NO.846 OF 2023 DCB BANK LIMITED THROUGH ITS AUTHORIZED SIGNATORY KIRAN SHIVAJI KURHE

VERSUS

THE DISTRICT MAGISTRATE AND COLLECTOR AND OTHERS ...

Advocate for Petitioner : Mr. Thote Dhananjay K. AGP for Respondents/State : Mr. S. J. Salgare

CORAM

: MANGESH S. PATIL & S. G. CHAPALGAONKAR, JJ.

DATE : 20.01.2023.

PER COURT :

Heard learned advocate for the petitioner as also the learned A.G.P. who waives service for all the respondents.

2.

The petitioner is secured creditor awaiting the fruits of the order passed by the respondent No. 1-District Magistrate under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter 'the Act'). 3.

In January 2022, more than eight months ago, even the State Government has revised modalities and laid down the guidelines in the manner in which the authorities should act pursuant to the applications moved under Section 14 of the Act. Even this Court in the matter of International Asset Reconstruction Company Private Limited Vs. The Union of India and Ors.; Criminal PIL No. 24/2011 decided at the Principal Seat on 20th August 2011 has issued the guidelines and still the secured creditors have to approach this Court seeking implementation of the orders passed by the District Magistrate under Section 14 of the Act. 1/2

948 WP 846 OF 2023.odt 4.

We dispose of the writ petition by directing the respondents to see to it that in any case the orders passed by the respondent No. 1-District Magistrate are implemented within four weeks from today. ( S. G. CHAPALGAONKAR, J.) (MANGESH S. PATIL, J.) mkd/- 2/2