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2025 DAILYLAW 2654 (BOM)

JANA SMALL FINANCE BANK LIMITED AUTHORISED OFFICER NIKHIL KHATAL v. UNION TERRITORY ADMINISTRATION OF DADRA AND NAGAR HAVELI AND ORS

WP/16400/2025 · 2026-08-20

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Judgment text

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4_WP_16400_25.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 16400 OF 2025 Jana Small Finance Bank Limited, Through Authorized Officer Nikhil Khatal … Petitioner vs. Union Territory Administration of Dadra and Nagar Haveli & Daman & Diu & others … Respondents Mr. Vinay Mishrilal Choudhary (through V.C.) for petitioner – bank. Mr. Harsh Dedhia for respondents. CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ DATE : 20th AUGUST, 2026 P.C. : . By this petition, the petitioner – bank (secured creditor) is seeking direction to the District Magistrate, Daman, for deciding Application No.3 of 2025 filed by the petitioner under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Securitisation Act). It is brought to our notice that the application was filed on 27.01.2025 and it is still pending consideration. 2. In the light of the object of enactment of the Securitisation Act, in the case of L & T Finance Limited vs. State of Maharashtra and others, 2023 SCC OnLine Bom 931, a Division Bench of this Court issued certain guidelines for consideration and disposal of such applications and execution of orders passed therein. 3. In paragraph No.23(a) of the said judgement, it was directed that such applications filed by the secured creditors under Section 14 1/2 PRIYA KAMBLI Digitally signed by PRIYA KAMBLI Date: 2026.08.20 15:03:33 +0530 4_WP_16400_25.doc of the Securitisation Act, should be disposed of by the concerned Magistrates in the State of Maharashtra not later than 30 days of filing of such applications. 4. We are of the opinion that although in this case, the Magistrate is located in Daman i.e. Union Territory of Dadra and Nagar Haveli & Daman & Diu, the aforesaid judgement having been passed by a Division Bench of this Court, which has jurisdiction over the said union territory, the guideline issued in paragraph No.23(a) of the said judgement, must apply with equal force to the facts and circumstances of the present case. 5. In view of the above, the writ petition is disposed of by directing the District Magistrate, Daman, to dispose of pending Application No.3 of 2025 filed by the petitioner – bank at the earliest and in any case, within a period of four weeks from today. 6. Pending applications, if any, also stand disposed of. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) 2/2 Priya Kambli