Kotak Mahindra Bank Ltd Through Its Authorized Signatory Pralhad Ghagare v. The District Magistrate And Collector And Others

2024:BHC-AUG:485-DB ( 1 ) 986 wp 315.24

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 986 WRIT PETITION NO. 315 OF 2024 KOTAK MAHINDRA BANK LTD THROUGH ITS AUTHORIZED SIGNATORY PRALHAD GHAGARE

VERSUS

THE DISTRICT MAGISTRATE AND COLLECTOR AND OTHERS ...

Advocate for the Petitioner : Mr. Thote Dhananjay Kakasaheb AGP for Respondents/State : Mr. P.K. Lakhotiya ...

CORAM : RAVINDRA V. GHUGE & Y.G. KHOBRAGADE, JJ.

DATE : 9th January, 2024 P.C. :- 1.

The Petitioner-Bank has put-forth prayer clause-B as under: "B) This Hon'ble Court be pleased to issue writ of Mandamus or any other appropriate writ or directions in like nature the Respondent No.1District Magistrate, Respondent No. 2 the Commissioner of Police, Ahmednagar and Respondent No. 3 Additional Tahsildar along with Respondent No.4 Circle Officer Ahmednagar be directed to execute the order dated 07/03/2022 under section 14 of Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) passed by the District Magistrate Ahmednagar and to be hand over possession of secured asset to petitioner bank for that purpose necessary direction to be issued." 2.

Heard the learned advocates for the respective sides.

( 2 ) 986 wp 315.24 3.

We direct Respondent No.1 to ensure that the order passed under Section 14 of the SARFAESI Act dated 07.03.2022, is executed within 30 days, if there is no legal impediment, by following the due procedure laid down in law.

4.

With the above directions, this petition is disposed off. [Y.G. KHOBRAGADE, J.] [RAVINDRA V. GHUGE, J.] mub