Union Bank Of India, Thr. Its Auth. Officer Its Br. Manager Manish Priolkar. v. State Of Goa, Thr. Chief Secretary And 2 ORS.

WP 488 of 2024 Andreza

IN THE HIGH COURT OF BOMBAY AT GOA

WRIT PETITION NO.488 OF 2024 UNION BANK OF INDIA, THR. ITS AUTH. OFFICER ITS BR. MANAGER MANISH PRIOLKAR.

... PETITIONER

Versus

STATE OF GOA, THR. CHIEF SECRETARY AND 2 ORS.

... RESPONDENTS Mr. Pavithran AV, Advocate with Mr. Prasad Kholkar, Advocate for the Petitioner.

Mr. Geetesh Shetye, Additional Government Advocate for the Respondent nos. 1 to 3.

CORAM:- M. S. KARNIK & VALMIKI MENEZES, JJ.

DATED :- 8th July, 2024 ORAL ORDER ( Per Valmiki Menezes) Heard Mr. Pavithran, learned Counsel for the Petitioner and Mr. Shetye, learned Additional Government Advocate for the Respondent nos. 1 to 3.

2. Application under Section 13 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, ('SARFAESI' Act, for short), was filed before the Collector on 10.03.2023 pursuant to which, the District Magistrate issued an Order on 27.11.2023. The Mamlatdar of Salcete (Joint 8th July, 2024

WP 488 of 2024 Mamlatdar-I), was directed by the District Magistrate to take possession of the scheduled properties situated at Borda and Margao city, pursuant to which, the Mamlatdar issued a Memorandum to the defaulter on 07.12.2023. Since that date, no possession has been taken over by the District Magistrate in terms of Section 17 of the SARFAESI Act.

3. On notice being issued to the District Magistrate, Shri Shetye, learned Additional Government Advocate appearing for the Respondents, makes a statement on instructions from the Joint Mamlatdar-I, Salcete (Respondent no.3), that possession would be taken of the two scheduled properties by 18.07.2024. We record this statement as an undertaking to this Court.

4. From the statements made by the learned Additional Government Advocate for the Respondents, the Petition stands disposed of in view of the above undertaking to this Court, expecting due compliance of the undertaking by 18.07.2024. No costs.

VALMIKI MENEZES, J.

M. S. KARNIK, J.

Signed by: ANDREZA RODRIGUES EPEREIRA Designation: Private Secretary Date: 09/07/2024 11:28:41 8th July, 2024