Hinduja Leyland Finance Limited v. State Of Maharashtra Thr Govt Pleader And ORS

Sharada

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

Digitally signed by SHARADA RANGNATH WAHULE Date:

2025.10.08 18:47:12 +0530 CIVIL APPELLATE JURISDICTION SHARADA RANGNATH WAHULE WRIT PETITION NO. 12990 OF 2025 Hinduja Leyland Finance Limited

...Petitioner

Versus

State of Maharashtra Thr Govt Pleader and Anr.

...Respondents

---------- Mr. Sanjay Anabhawane a/w Mr. Prafull Chipte i/b Medha Rane, for the Petitioner.

Mr. A. A. Alaspurkar, AGP for State-for Respondent No.1. ---------- CORAM : R.I. CHAGLA J FARHAN P. DUBASH, J DATE :

7th October 2025 ORDER :

1.

By this writ petition the Petitioner is seeking direction to the Chief Judicial Magistrate Court at Raigad to comply with guidelines given by the State Government vide circular dated 10th April 2023 and particularly guideline No.(a) & (b) given by this Court in Writ Petition no.15285 of 2022 (L & T Finance Limited Vs. State of Maharashtra) vide order dated 17th April 2023 to 1/3

expeditiously decide the Securitisation Application filed under Section 14 of the Securitisation & Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ("the SARFAESI Act") and for taking physical possession of the secured assets. 2.

The learned Counsel appearing for the Petitioner has referred to the fact that verification of the secured asset had been concluded on 8th May on 2025. Subsequent to which, there have been several dates of listing of the matter before the 4th Joint Civil Judge, Senior Judge, Alibaug. He has referred to the case details which are at Exhibit-A to the Petition which shows that from 11th August 2025 till 18th September 2025, the purpose of hearing is "arguments".

3.

The learned Counsel appearing for the Petitioner has sought for notice to be issued to Respondent No.2, considering that Respondent No.2 has not made an appearance.

4.

It is pertinent to note that the Division Bench of this Court in L & T Finance Limited Vs. State of Maharashtra and OrsWrit Petition No.15285 of 2022-Judgment dated 17th April, 2023, has 2/3

directed that an application filed by a secured creditor under Section 14 of the SARFAESI Act with due compliance should be disposed of by the District Magistrate / Collector in the State of Maharashtra not later than 30 days of the application being filed. 5.

Considering that the application under Section 14 of the SARFAESI Act has been filed by the Petitioner on 24th April, 2025, as evident from the case details at Exhibit-A to the Petition, and there is due compliance of the Application on part of the Petitioner having completed verification of the secured asset on 8th May 2025, the concerned District Magistrate/ Collector ought to have disposed of the Application within 30 days therefrom.

6.

Accordingly, issue notice to Respondent No.2, returnable on 4th November 2025.

[FARHAN P. DUBASH, J.] [R.I. CHAGLA J.] 3/3