The Central Bank Of India Through Authorized Officer Mr. Chandan Kumar v. The State Of Maharashtra And Tohers

2026:BHC-AUG:2132-DB 62-WP-269-26.odt {1}

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD 62 WRIT PETITION NO. 269 OF 2026 The Central Bank Of India Through Authorized Officer Mr. Chandan Kumar

VERSUS

The State Of Maharashtra And Others ......

Dr. Sahebrao G. Nandedkar, Advocate for Petitioner Mr. V.K. Kagne, AGP for Respondent No.1 to 4 ......

CORAM : SMT. VIBHA KANKANWADI AND HITEN S. VENEGAVKAR, JJ.

DATE : 19 JANUARY, 2026 PER COURT [Per Hiten S. Venegavkar, J.] :- 1.

The present petition has been filed seeking directions to respondents No.2 and 3 to restore the possession of the Secured asset situated Gat No.54, Plot No.9, Near Waluj MIDC, Shapur Shivar, Chh. Sambhajinagar, Tq. and dist. Chh. Sambhajinagar abd from respondents No.8 to 10 and handover the same to the petitioner. 2.

Heard the learned advocate for the petitioner. Learned AGP waives service of notice for respondents No.2 to 4. 3.

In respect of the possession of the secured asset, which has been lawfully taken by the Banks, this Court has already considered the issue in Motilal Oswal Home Finance Limited v. The State of Maharashtra and Others [Writ Petition No. 71 of 2026, decided on 06.01.2026

62-WP-269-26.odt {2} (Aurangabad Bench)], wherein it was held that a fresh application under Section 14 of the SARFAESI Act is maintainable before the learned Magistrate. The Court also issued directions setting out the modalities regarding how such applications are to be decided by the Magistrate 4.

In view of the said judgment, we dispose of the present petition to pursue the said application in accordance with the judgment mentioned above.

[ HITEN S. VENEGAVKAR ] [ SMT. VIBHA KANKANWADI ] JUDGE JUDGE S P Rane