Aditya Birla Finance Limited, ... vs The State Of Maharashtra, Through ...
2021 Latest Caselaw 11819 Bom

 Judgment                                1                        W.P.No.3159.2021.odt


               IN THE HIGH COURT OF JUDICATURE AT BOMBAY,
                         NAGPUR BENCH, NAGPUR.

                          WRIT PETITION NO. 3159 OF 2021


          Aditya Birla Finance Limited,
          having one of it's offices at Shri Shyam
          Towers, 8th floor, A Wing,
          Sadar, Nagpur-440 001
          Through it's Authorised Officer
          acting through one of its Asst.
          General Manager having authority
          to file the application which includes
          the authority to verify and sign
          the application.
                                                             .... PETITIONER

                                // VERSUS //

 1)       The State of Maharashtra,
          through it's Secretary,
          Ministry of Finance/Revenue,
          Mantralaya, Mumbai-32.
 2)       The Collector/District Magistrate,
          Nagpur.
 3)       The Tahsildar,
          Nagpur.
 4)       The Commissioner of Police,
          Nagpur.
                                               .... RESPONDENTS
  ______________________________________________________________
      Shri M. Anilkumar, Advocate for petitioner.
      Shri N. R. Patil, A.G.P. for respondent Nos.1 to 4.
 ______________________________________________________________


                           CORAM : SUNIL B. SHUKRE AND
                                   ANIL S. KILOR, JJ.

DATED : 25.08.2021

Judgment 2 W.P.No.3159.2021.odt

ORAL JUDGMENT : (Per Sunil B. Shukre, J.)

1. Heard Shri M. Anilkumar, learned counsel for the

petitioner and Shri N. R. Patil, learned A.G.P. who appears by waiving

notice for respondent Nos.1 to 4.

2. Rule. Rule made returnable forthwith. Heard finally by

consent of the learned counsel appearing for the parties.

3. This Court in its judgment dated 28.07.2021 had noted the

fact that the order passed by the Collector, Nagpur on 27.08.2018

directing the debtors to hand over the possession of the property in

accordance with order dated 09.04.2021 to the petitioner, had become

final after the proceeding bearing S. A. No. 4 of 2020 came to an end

upon dismissal of the Securitisation Appeal by the Debts Recovery

Appellate Tribunal and as the debtors were not coming forward to

hand over the possession of the secured assets, this Court had directed

the concerned respondents therein i.e. the Collector Nagpur, the

Tahsildar Nagpur and the Commissioner of Police, Nagpur to ensure

that the order passed by the Collector, Nagpur on 09.04.2021 under

Section 14 of the Securitisation and Reconstruction of Financial Assets

and Enforcement of Security Interest Act, 2002 (for short the

"SARFAESI Act") was implemented in accordance with law and as

expeditiously as possible.

Judgment 3 W.P.No.3159.2021.odt

4. In compliance with this order, now the Tahsildar, Nagpur

has kept the matter for coercively taking over possession in accordance

with the order dated 09.04.2021 of the secured assets on 03.09.2021

but, the grievance of the petitioner is that the office of the respondent

No.4 is not lending requisite police aid for implementing the order of

the Collector in a coercive manner. It is also stated by the petitioner

that the petitioner is ready to deposit all the charges, according to law.

5. In view of above, we direct respondent No.4 to

immediately provide the police aid to the petitioner and respondent

No.3 for coercively taking over the possession of the secured assets as

mentioned in the order passed under Section 14 of the SARFAESI Act

by respondent No.2, upon accepting the payment of necessary charges,

in accordance with law.

6. It is further directed that adequate police protection shall

be provided for the aforesaid purpose on 03.09.2021.

Rule accordingly. No costs.

                (ANIL S. KILOR, J.)              (SUNIL B. SHUKRE J.)


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