Bombay High Court
Rajarambapu Sahakari Bank Ltd Thou Its ... vs State Of Maharashtra Thr The Princpal ... on 19 August, 2024
Author: A.S. Chandurkar
Bench: A.S. Chandurkar
2024:BHC-AS:33321-DB
Diksha Rane 25. WP 11438-23.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO.11438 OF 2023
RAJARAMBAPU SAHAKARI BANK LTD.
THR. ITS AUTHORIZED OFFICER
RAVINDRA R LOLAGE ..PETITIONER
VS.
STATE OF MAHARASHTRA & ORS. ..RESPONDENTS
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Adv. Abhishek T. Ingale a/w. Adv. Priyanka Babar i/b. Adv. Tejpal
Ingale for petitioner.
Ms. Kavita N. Solunke, AGP for respondent nos. 1 to 4 - State.
Adv. Pradeep Rajagopal a/w. Adv. Drishti Shah i/b. Adv. Rekha
Rajagopal for respondent nos.5 and 6.
------------
CORAM : A.S. CHANDURKAR &
RAJESH S. PATIL, JJ
DATE : 19th August 2024.
P.C. :
1. Rule. Rule is made returnable forthwith. Heard learned counsel
for the parties.
2. The challenge raised in this Writ Petition is to the order dated
31st January 2023 passed by the Additional District Magistrate,
Kolhapur, thereby refusing to act on an application filed by the
petitioner - creditor on 15th November 2022 under Section 14 of the
of the Securitisation and Reconstruction of Financial Assets and
Enforcement of Securities Interest Act, 2002 (for short 'the said Act').
3. It is the grievance of the petitioner that pursuant to an initial
Diksha Rane 25. WP 11438-23.doc
order dated 15th September 2022 passed under Section 14 of the said
Act, possession was delivered on 2nd November 2022. However, on 9th
November 2022, the respondent nos. 5 to 7 illegally re-entered into
possession. This resulted in a First Information Report being lodged
by the petitioner on 10th November 2022. In that background, the
second application under Section 14 of the said Act came to be filed.
4. We have heard the learned counsel for the parties and we have
perused the documents on record.
5. In our view, the responsibility of the Additional District
Magistrate to entertain a subsequent application filed under Section
14 of the said Act is now well settled. This Court at the Aurangabad
Bench in Writ Petition No.10069 of 2022 (The Nashik Merchant Co-
operative Bank (Multi State Scheduled Bank) Versus The District
Collector, Jalna and Others) has by judgment dated 28th February
2023 held that the Tahsildar is required to re-execute the initial order
passed under Section 14 of the said Act in case there has been a
trespass on the secured assets by the borrower after delivery of
possession. Similar view has been taken in Writ Petition No.6805 of
2023 (Kotak Mahindra Bank Ltd. & anr. Versus State of Maharashtra
& Ors.) to which one of us (Rajesh S. Patil, J.) was a Member.
Diksha Rane 25. WP 11438-23.doc
6. In view of the aforesaid, we find the petitioner entitled to
relief. At this stage, the learned counsel appearing for the respondent
nos. 5 to 7, on instructions, submits that the said respondents desire
to settle the dues of the Bank so as to retain the subject property. We
find that the act of respondent nos. 5 to 7 of taking forcible
possession is not in accordance with law. However, since the secured
asset is a residential premises, time of fifteen days is granted to the
said respondents to peacefully hand over possession of the subject
property to the petitioner. In case, peaceful possession is handed over
by the said respondents within a period of fifteen days, they are at
liberty to approach the petitioner with a written proposal for clearing
the dues of the petitioner. If such request is made, the petitioner is
free to consider the same in accordance with law. Till such time, the
proposal is considered, third party rights shall not be created in the
subject property.
If the respondent nos. 5 to 7 fail to hand over peaceful possession
as directed, the respondent nos. 2 and 3 shall take immediate steps to
re-execute the initial order dated 15th September 2022 passed under
Section 14 of the said Act. In addition, such breach would also attract
action for disobedience of said direction.
Diksha Rane 25. WP 11438-23.doc
7. Rule is disposed of in the aforesaid terms. No order as to costs.
[ RAJESH S. PATIL, J. ] [ A.S. CHANDURKAR, J. ]
Signed by: Diksha Rane
Designation: PS To Honourable Judge
Date: 20/08/2024 17:54:26
