A U Small Finance Bank Ltd v. State Of Maharashtra Thru. G. P. And ORS

23_WP_2358_26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 2358 OF 2026 AU Small Finance Bank Limited ...

Petitioner vs.

The State of Maharashtra and others ...

Respondents Mr. Sanjay Anabhawane, i/b. Ms. Medha Rane for petitioner Ms. G. R. Raghuwanshi, AGP for respondent Nos.1 to 5-State authorities. CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ DATE :

26th FEBRUARY, 2026 P.C. :

.

The grievance of the petitioner (secured creditor) is that on 17.01.2026, the borrowers have trespassed into the secured asset, the possession of which was taken by the petitioner on 16.06.2025 in execution of an order dated 31.01.2025 passed by the competent Magistrate i.e. respondent No.2, under Section 14 of The Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.

2.

Pursuant thereto, the petitioner was constrained to approach respondent No.2-Magistrate for an order of re-possession, but no action has been taken till date.

3.

We are of the opinion that in such matters, prompt action is necessary, if rule of law is to be respected. 4.

The learned AGP has appeared on behalf of respondent Nos.1 to 5.

by PRIYA KAMBLI Date:

2026.02.27 18:20:02 +0530 PRIYA KAMBLI 1/2

23_WP_2358_26.doc 5.

In view of the above, we direct respondent No.3-Tahsildar to issue notice within one week from today, for taking possession of the secured asset and fix a date for taking such possession. The date fixed by the said respondent shall not be beyond four weeks from today.

6.

List the petition for further consideration on 27.03.2026, High on Board.

(SHREERAM V. SHIRSAT, J) (MANISH PITALE, J.) Priya Kambli 2/2