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Bombay High CourtWP/19058/2024disposed off

Au Small Finance Bank Ltd v. State Of Maharashtra And ORS

2025-01-24Hon'Ble Justice Dr. Neela Kedar Gokhale , Hon'Ble Shri Justice A.S. Chandurkar2 pages

SNEHA ABHAY DIXIT

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

SNEHA ABHAY DIXIT Date: 2025.01.27 11:29:04 +0530 CIVIL APPELLATE JURISDICTION WRIT PETITION NO.19058 OF 2024 AU Small Finance Bank Ltd.

(Formerly AU Financiers (INDIA) Ltd.

.. Petitioner Vs.

State of Maharashtra and Ors.

.. Respondents ALONG WITH WRIT PETITION NO.19061 OF 2024 AU Small Finance Bank Ltd.

(Formerly AU Financiers (INDIA) Ltd.

.. Petitioner Vs.

State of Maharashtra and Ors.

.. Respondents Mr. Sanjay Anabhawane with Mrs. Medha Rane and Ms. Tejaswi Nanche, Advocates for the Petitioner.

Mr. N.C. Walimbe, Additional Government Pleader with Mr. Y.D. Patil, Assistant Government Pleader for the Respondent-State of Maharashtra in WP 19058/2024.

Mr. S.P. Kamble, Assistant Government Pleader for the Respondent-State of Maharashtra in WP 19061/2024.

CORAM : A.S. CHANDURKAR & M.M. SATHAYE, JJ DATE : 24TH JANUARY 2025.

P.C. :

1.

The learned counsel for the petitioner submits that respondent nos.6 and 7 have illegally trespassed second time into the secured asset despite the fact that possession was initially delivered to the petitioner. Complaints in this regard have been made on 25th October 2024 and 21st October 2023 respectively.

2.

Issue notice to respondent nos.6 and 7, returnable on 6th February 2025.

1/2 9-WP-19058-2024 & WP-19061-2024.doc Dixit

3.

The learned Additional Government Pleader to take instructions as regards the date for delivering possession of the secured asset. 4.

List under the caption "For Directions" on 6th February 2025. [ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ] 2/2 9-WP-19058-2024 & WP-19061-2024.doc Dixit