Deepak Madhukar Gaikwad v. Centrum Housing Finance Ltd

SNEHA ABHAY DIXIT SNEHA ABHAY DIXIT Date: 2025.05.06 20:19:57 +0530

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6210 OF 2025 Deepak Madhukar Gaikwad and Anr.

.. Petitioners Vs.

Centrum Housing Finance Ltd.

.. Respondent Mr. Afroz Mulla (through V.C.), Advocate for the Petitioners. None for the Respondent.

CORAM : A.S. CHANDURKAR & M.M. SATHAYE, JJ DATE : 6TH MAY 2025.

[ THROUGH HYBRID HEARING ] P.C. :

1.

The petitioners are aggrieved by the notice dated 11th April 2025 issued by the Court Commissioner intending to take possession of the immovable property described in the said notice. According to the learned counsel for the petitioners, possession of the agricultural land is proposed to be taken by virtue of this notice. It is however found that in the notice dated 11th April 2025, the subject property is described as under :- "All the piece and parcel of immovable property R/O. Residential House, Plot No.30, Gate No.302/2, M.M. Park, Ghotewadi Road at Tasgaon, Taluka Tasgaon, Dist. Sangli, Sangli - 416 410, Maharashtra East - 15 ft. Common Road, West - Property at Chhaya Satpute, North - Property of Vasant Laxman Valekar, South - Property of Vidya Jadhav."

It therefore cannot be said that possession of any agricultural land is 1/2 906-WP-6210-2025.doc Dixit

being taken.

2.

Since the remedy of approaching the Debts Recovery Tribunal for challenging the order dated 5th April 2025 passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act of 2002 is available, we are not inclined to entertain the writ petition.

3.

With aforesaid liberty, the writ petition is disposed of. All points raised are kept open.

[ M.M. SATHAYE, J. ] [ A.S. CHANDURKAR, J. ] 2/2 906-WP-6210-2025.doc Dixit