Indusind Bank Ltd v. State Of Maharashtra

Indusind Bank Ltd. Vs. State WP No. 17065/2025

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 17065 OF 2025 Indusind Bank Ltd.

... Petitioner V/s.

The State of Maharashtra & Ors.

... Respondents _______________________________________ Mr. Abhay Ratkar (through V.C.) & Mr. Vidur Sikka (Through V.C.) a/w. Ms. Pooja Singh. Mr. Ankit Sawant (Court Commissioner) for Petitioner. Ms. Kavita Solunke Addl. G.P. , Ms. Ashvini Purav AGP, for Respondent- State of Maharashtra Ms. Shweta Kannan i/b. Muruga Seelan Perumal (Respondent No.4). _______________________________________ CORAM : R.I. CHAGLA AND FARHAN P. DUBASH, JJ.

Date :

24th December 2025 ORDER:

1.

By this Writ Petition, the Petitioner has sought direction to Respondent Nos. 1 to 3 to forthwith and expeditiously exercise power vested under Section 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act) for taking physical possession of the Secured Asset as described in prayer clause - (a) of the Petition.

2.

The Respondent No.2 - Court Commissioner states on --------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Order dated 24th December 2025

Indusind Bank Ltd. Vs. State WP No. 17065/2025 instructions that he will apply to the Magistrate's Court for extension of time to take physical possession of the Secured Asset and for which one week's time will be required.

3.

He further states that, upon the application being granted by the Magistrate's Court, the Court Commissioner will issue notice of possession within a period of seven days thereafter and take physical possession of the Secured Asset on or before 31st January 2026. The statement is accepted. 4.

The Respondent No. 3 is directed to provide Police assistance to the Respondent No.2 - Court Commissioner for taking physical possession of the Secured Asset on the scheduled date.

5.

The Respondent Nos. 5 and 6 appear through their Counsel and state that they will co-operate with the Respondent No.2 - Court Commissioner in handing over physical possession of the Secured Asset on the scheduled date.

6.

The Writ Petition is accordingly disposed of. There shall be no order as to costs.

( FARHAN P. DUBASH, J. ) ( R.I. CHAGLA J. ) by JYOTI PRAKASH PAWAR Date: 2025.12.31 16:31:06 +0530 JYOTI PRAKASH PAWAR 923 W,P. No. 17065 of 2025.docMandar M.

--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- Order dated 24th December 2025