The Mogaveera Co-Operative Bank Ltd. v. The State Of Maharashtra And ORS

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.17997 OF 2024 The Mogaveera Co-op. Bank Ltd.

.. Petitioner Vs.

The State of Maharashtra and Ors.

.. Respondents Mr. Shreesh Oak, Advocate, i/by SC Legal, for the Petitioner. Mr. N.C. Walimbe, Additional Government Pleader with Mr. S.P. Kamble, Assistant Government Pleader for Respondent Nos.1 to 4. CORAM : A.S. CHANDURKAR & RAJESH S. PATIL, JJ DATE : 9TH DECEMBER 2024.

P.C. :

1.

The learned counsel for the petitioner submits that possession of the secured assets came to be obtained on 17th July 2023. However, the respondent nos.5 to 7 took forcible possession of the secured assets. The petitioner therefore seeks re-execution of the order passed under Section 14 of the Securitization and Reconstruction Financial Assets and Enforcement of Security Interest Act, 2002.

2.

Issue notice to the respondents, returnable on 13th January 2025. The learned Assistant Government Pleader waives notice on behalf of respondent nos.1 to 4. Other respondents be served through all permissible modes.

3.

In the meanwhile, the petitioner to place on record its documents indicating registration under the Central Registry of Securitization Asset Reconstruction and Security Interest of India (CERSAI). 4.

List under the caption "For Directions" on 13th January 2025. [ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ] 1/1 Digitally signed by SNEHA ABHAY DIXIT Date:

2024.12.09 16:49:29 +0530 Dixit SNEHA ABHAY DIXIT 20-WP-17997-2024.doc