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Bombay High CourtWP/8187/2025disposed off

Aavas Financiers Ltd v. State Of Maharashtra And ORS

2025-06-26Hon'Ble Shri Justice M. S. Karnik , Hon'Ble Shri Justice N. R. Borkar2 pages

19-WP-8187-2025 (C).doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 8187 OF 2025 Aavas Financiers Ltd. ...Petitioner

VERSUS

State of Maharashtra and Ors.

...Respondents

....

Mr. Sanjay Anabhawane i/by Ms. Medha Rane, Advocate for the Petitioner.

Ms. Aakanksha Saxena, 'B' Panel Counsel for the Respondent - State.

....

CORAM

:

M. S. KARNIK & N. R. BORKAR, JJ.

DATE :

26th JUNE, 2025 P.C.

:

1.

The present petition seeks a direction to Respondent No.3 for expeditious execution of the order dated 31.03.2023 passed by Respondent No.2 in Securitisation Application No.2777/2022 under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "SARFAESI Act") by granting necessary assistance of police in taking possession of the secured asset viz. Residential House No.236K, having area by SAJAKALI LIYAKAT JAMADAR Date:

2025.06.27 18:21:06 +0530 SAJAKALI LIYAKAT JAMADAR Sajakali Jamadar

19-WP-8187-2025 (C).doc of 1760 Sq.Ft. Ground plus One floor, Dhavale Pada, Ambernath, District Thane.

2.

Considering that the order of which execution is sought was passed as far back as on 31.03.2023, we direct the Respondent No.3 - Tahsildar and Executive Magistrate of Ambernath, Thane to expedite the execution of the order and handover the possession of the secured asset to the Petitioner within a period of ten weeks from today.

3.

In case Police Assistance is required, the Petitioner on paying the necessary charges, Police Assistance be provided. 4.

The Respondent No.4 to act on this order and provide necessary police protection, if requested for, on payment of necessary charges. In this view of the matter, Petition is disposed of.

5.

List the Petition for compliance on 8th September, 2025.

(N. R. BORKAR, J.) (M. S. KARNIK, J.) Sajakali Jamadar