L And T Finance Ltd. v. State Of Maharashtra And ANR

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.19284 OF 2024 L & T Finance Ltd., Mumbai .. Petitioner Vs.

State of Maharashtra and Anr.

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

Mr. P.P. Kakade, Additional Government Pleader with Mr. S.L. Babar, Assistant Government Pleader for the Respondent-State of Maharashtra. CORAM : A.S. CHANDURKAR & M.M. SATHAYE, JJ DATE : 6TH JANUARY 2025.

P.C. :

1.

The petitioner has approached this Court for a direction to be issued to the learned Chief Judicial Magistrate, Kolhapur to expeditiously consider the application preferred by the petitioner under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. It is stated that the said application was filed on 6th January 2024. Reference is made to the decision of the Supreme Court in NKGSB Co-operative Bank Ltd. Vs. Subir Chakravarty and Ors. (2022) 10 SCC 286 to urge that the time limit indicated in Section 14 of the Act of 2002 is required to be complied with. 2.

It is informed that the next date of the proceedings is 31st January Digitally signed by SNEHA ABHAY DIXIT Date:

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2025. It would be open for the petitioner to bring to the notice of the learned Chief Judicial Magistrate the aforesaid decision. 3.

It is submitted by the learned Additional Government Pleader that in accordance with paragraph 36 of the said decision, the application under Section 14 of the Act of 2002 would be decided within a short period.

4.

With aforesaid observations, the writ petition is disposed of. Parties to act on authenticated copy of this order.

[ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ] 2/2 14-WP-19284-2024.doc Dixit