A.U. SMALL FINANCE BANK LIMITED THROUGH ITS AUTHORIZED SIGNATORY v. THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AND OTHERS
WP/772/2025 · 2025-01-16
Shri Mangesh S Patil, Shri Prafulla S Khubalkar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5419 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5419 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD 945 WRIT PETITION NO. 772 OF 2025 A.U. SMALL FINANCE BANK LIMITED THROUGH ITS AUTHORIZED SIGNATORY VERSUS THE STATE OF MAHARASHTRA THROUGH THE COLLECTOR AND OTHERS Mr.P.S.Brahmane, Advocate for the petitioner. Mr.S.V.Hange, AGP for the respondent/State.
( CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ. ) DATE : JANUARY 16, 2025 PER COURT :
1. The petitioner which is a secured creditor once having recovered the possession of a secured asset by resorting to the provisions of Section 13 and 14 of the SARFAESI Act is before us, having lost possession subsequently and seeking to resort to the similar process once again.
2. Heard both the sides. It is now well settled that the right of a financial institute / secured creditor to recover possession u/s 14 of the SARFAESI Act, is perpetual. There are several decisions of various khs/Jan.2025/772 2025:BHC-AUG:1438-DB
- 2 - High Courts, which are as follows :- [a] Bank of Baroda Vs. The State of Maharashtra and others, in WP No.8674/2021, dated 24.02.2022. [b] M/s.Sri.Balaji Centrifugal Castings Vs. M/s ICICI Bank Limited [(2018) SCC Online Hyd.368] [c] A.A.Kumaran Vs. Superintendent of Police, Thrissur and others, in WP (C) No.5875/2022 dated 18.05.2022 [d] The Nashik Merchant Co.operative Bank (Multi State Scheduled Bank Vs. The District Collector, Jalna and others, WP No.10069/2022, dated 28.02.2023.
3. The writ petition is allowed. The respondent/Tahsildar shall take steps in the light of the order passed by the Collector u/s 14 and deliver possession to the petitioner as expeditiously as possible and in any case within 8 weeks unless his action is stalled by some order of a Court or a Tribunal.
( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.) khs/Jan.2025/772