Cholamandalam Investment And Finance Company Ltd v. The Civil Judge Senior Division And Chief Judicial Magistrate

bipin prithiani 15-wp-4322.26.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 4322 OF 2026 Cholamandalam Investment and Finance Company Limited ...

Petitioner

Versus

The Civil Judge Senior Division and Chief Judicial Magistrate, Silvassa ...

Respondent ****** Mr. Mandar Lalsare (through V.C.) for the Petitioner. Mr. Harsh Dedhia for the Respondent.

****** CORAM : MANISH PITALE AND SHREERAM V. SHIRSAT, JJ.

DATE : 7th APRIL 2026 P.C. :

.

By this petition, the petitioner (secured creditor) is seeking a specific direction to the respondent-Chief Judicial Magistrate, Silvassa, for disposing of pending applications filed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Securitisation Act), at the earliest.

2.

In paragraph 7 of the petition, the petitioner has placed on record a table showing the details of filing and the case numbers of by BIPIN DHARMENDER PRITHIANI Date: 2026.04.08 10:08:52 +0530 BIPIN DHARMENDER PRITHIANI the pending applications. We find that the applications were filed on 13th October 2025 and 19th October 2025. In terms of the guidelines laid down by this Court in the case of L&T Finance

bipin prithiani 15-wp-4322.26.doc Ltd. vs. State of Maharashtra & Ors., 2023 SCC OnLine Bom 931, such applications should be decided within 30 days of filing. Obviously, the respondent-Chief Judicial Magistrate has failed to abide by the directions issued by this Court. 3.

Mr. Dedhia, learned counsel has instructions to appear on behalf of sole respondent i.e. the Chief Judicial Magistrate, Silvassa.

4.

In the light of the position of law clarified by this Court in the aforementioned judgment, particularly in paragraph 23(a) thereof, the said applications filed by the petitioner ought to have been decided within 30 days of filing. Such time period is long over and it is obvious that the Magistrate has failed to abide by the directions issued by this Court.

5.

In view of the above, the writ petition is allowed and the Chief Judicial Magistrate, Silvassa is directed to decide the pending applications, details of which are given in paragraph 7 of this petition, within 30 days from today.

6.

Pending applications, if any, also stand disposed of. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.)