Research › Search › Judgment

Bombay High Court · body

2025 DAILYLAW 12768 (BOM)

CHARANSINGH BABUSINGH NAIK AND ANOTHER v. THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS

WP/3713/2025 · 2025-03-18

Shri Mangesh S Patil, Shri Y G Khobragade

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 WP NO. 3718 OF 2025 IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD WRIT PETITION NO. 3718 OF 2025 MS SAHYADRI FOODS AND AGRO INDUSTRIES THROUGH ITS PROP PRAVIN VILASRAO DESHMUKH VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS … AND WRIT PETITION NO. 3713 OF 2025 CHARANSINGH BABUSINGH NAIK AND ANOTHER VERSUS THE STATE OF MAHARASHTRA AND THROUGH ITS SECRETARY AND OTHERS … AND WRIT PETITION NO. 3714 OF 2025 BHARAT CHUDAMAN SONAWANE VERSUS THE STATE BANK OF INDIA AND OTHERS … AND WRIT PETITION NO. 3715 OF 2025 JAGANNATH JAVAHARLAL JADHAV AND ANOTHER VERSUS THE STATE OF MAHARASHTRA THROUGH ITS SECRETARY AND OTHERS … • Advocate for the Petitioner in WP No. 3718 of 2025 : Mr. Jethliya Dhiraj R., Ronak Shah & Parikshit Mantri • Advocate for the Petitioners in WP No. 3713 of 2025 & WP No. 3715 of 2025 : Mr. Gite Ravi Balasaheb • Advocate for the petitioner in WP No. 3714 : Mr. A. A. Khande • AGP for Respondents/State in all WPs : Mr. A. V. Lavte • Advocate for Respondent No. 5 in WP 3718 of 2025 : Mr. Umesh N. Shete 1/3 2025:BHC-AUG:7856 1 WP NO. 3718 OF 2025 • Advocate for Respondent Nos. 1 & 2 in WP No. 3714 of 2025: Mr. D. R. Jethliya • Advocate for Respondent No. 5 in WP No. 3713 of 2025 and WP No. 3715 of 2025 : Mr. Aditya Sikchi h/f. Mr. Vaibhav Patil … CORAM : MANGESH S. PATIL & Y. G. KHOBRAGADE, JJ. DATE : 18.03.2025 PER COURT : . All these matters have been mentioned in the wake of urgency inasmuch as the Executive Magistrate/Tahsildar is about to take possession pursuant to the order passed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. 2. All the petitioners who are borrowers have submitted securitisation applications which are pending before the Debt Recovery Tribunal (DRT). However, in absence of Presiding Officer who is stated to be attending an official conference, the securitisation applications could not be pressed. 3. We allowed the papers have to be circulated in view of above circumstances. 4. We have heard the learned advocate for the petitioners and learned advocates for the secured creditors in all the matters. 2/3 1 WP NO. 3718 OF 2025 5. There is no dispute about the fact that the securitisation applications have been pending before the tribunal but cannot be pressed because of the absence of the presiding officer. 6. Considering the aforementioned facts and circumstances, in our considered view the interest of justice would be met by deferring the execution of possession warrants for a period of one week. The writ petitions are thus disposed of staying the on going execution by the respective Executive Magistrates/Tahsildar for a period of one week. 7. Learned AGPs are requested to communicate this order to the Executive Magistrates/Tahsildars concerned immediately without waiting for an authenticated copy of the order since the order is being dictated in the open Court. 8. It is clarified that what we expect by virtue of this order is that the situation as is obtaining at the spot at this moment shall be maintained for a period of one week. (Y. G. KHOBRAGADE, J.) (MANGESH S. PATIL, J.) jhs/ 3/3