Ramesh Narayan Patil v. The State Of Maharashtra Through Its Secretary And Another

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13813 OF 2024 Siddhanath Sugar Mills Ltd., Solapur and Ors. .. Petitioners Vs.

Punjab National Bank, Solapur .. Respondent Mr. Y.S. Jahagirdar, Senior Advocate, with Mr. Abhijit D. Kulkarni and Mr. Chinmay Patil, Advocates for the Petitioners. Ms. Asha Bhuta, Advocate, i/by Bhuta & Associates, for the Respondent. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 7TH OCTOBER 2024.

P.C. :

1.

One of the contentions raised by the learned Senior Advocate for the petitioners is that steps are being taken pursuant to an order dated 31 st August 2024 passed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 to enforce measures against the secured assets without the same being registered in accordance with Section 22 of the said Act of 2002. On the ground that under Section 13 of the said Act of 2002 no "security interest" has been registered against such property, the order dated 31st August 2024 cannot be enforced.

2.

The learned counsel appearing for the respondent-Bank seeks time to file an affidavit-in-reply. She informs that, as of today, steps for enforcing the order dated 31st August 2024 have not yet been taken. 3.

Stand over to 21st October 2024 with liberty to move in case any such steps are taken and notice is issued to the petitioners. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 1/1 Digitally signed by SNEHA ABHAY DIXIT Date:

2024.10.07 18:36:10 +0530 Dixit SNEHA ABHAY DIXIT 18-WP-13813-2024.doc