Equitas Small Finance Bank Ltd Throu. Its Authorised Officer Anant Ramchandra Arolkar v. The State Of Maharashtra Representing Ld District Magistrate Nashik Throu. Govt Pleader And ORS
41 WP-17281-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION by HUSENBASHA RAHAMAN NADAF Date:
2025.01.29 14:48:01 +0530 HUSENBASHA RAHAMAN NADAF WRIT PETITION NO.17281 OF 2024 Equitas Small Finance Bank Ltd., Andheri, Mumbai .. Petitioner Vs.
The State of Maharashtra, Through the District Magistrate, Nashik and Ors. .. Respondents Ms. Vandana M. Bait i/b. Amey Deshpande, Advocate for the Petitioner. Mr. A.I. Patel, Additional Government Pleader a/w. Smt. G.R. Raghuwanshi, Assistant Government Pleader, for Respondent/State. CORAM: A.S. CHANDURKAR & M.M. SATHAYE, JJ.
DATE : 27TH JANUARY 2025 P.C. :
1.
We have perused the prayers made in the writ petition. The Petitioner prays that distinct orders passed on various dates in separate proceedings initiated by the Petitioner under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'Act of 2002') be executed. 2.
We find that it would be necessary for the Petitioner to file independent proceedings for seeking implementation of distinct orders passed under Section 14 of the Act of 2002. Hence, this writ petition is restricted to consideration of the prayer seeking implementation of the Husen 1/2
41 WP-17281-2024.doc order referred to in prayer clause (a)(i). In so far as the proceedings referred to in prayer clause (a)(ii) is concerned, the Petitioner is at liberty to file separate proceedings.
3.
Pursuant to the order dated 02.12.2024, the learned counsel for the Petitioner has tendered an additional affidavit indicating registration of the secured asset under Section 26D of the Act of 2002. 4.
Time is granted to the learned Assistant Government Pleader to obtain instructions with regard to the order dated 21.09.2023 passed by the learned District Magistrate, Nashik in case No.162 of 2023. 5.
List under the caption "For Directions" on 17.02.2025. (M.M. SATHAYE, J.) (A.S. CHANDURKAR, J.) Husen 2/2