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2026 DAILYLAW 1807 (BOM)

SMFG India Home Finance Co Ltd v. CHIEF JUDICIAL MAGISTRATE AND ORS

WP/9391/2026 · 2026-07-31

Shri Manish Pitale, Shri Shreeram Vinayak Shirsat

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

8 & 11_WP_9391 & 9417_26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9391 OF 2026 AND WRIT PETITION NO. 9417 OF 2026 SMFG India Home Finance Co. Ltd. … Petitioner vs. Chief Judicial Magistrate, Alibag and others … Respondents Ms. Pooja Singh a/w. Ms. Shrutika Patil for petitioner in both petitions. None for respondents. CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ DATE : 31st JULY, 2026 P.C. : . The petitioner in these petitions is a secured creditor. In pursuance of steps taken under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (the said Act), the petitioner has filed applications under Section 14 thereof before respondent No.1 – Chief Judicial Magistrate, Alibag. 2. The learned counsel for the petitioner contends that the said respondent has proceeded to the stage of verification of documents, but orders have still not been passed in the said applications and hence, prayer is made for issuing specific direction to the said respondent to dispose of the applications of the petitioner. 3. This Court, in the case of L & T Finance Limited vs. State of Maharashtra and others, 2023 SCC OnLine Bom 931, in paragraph No.23(a), has issued direction that the Magistrates in the State of 1/2 PRIYA KAMBLI Digitally signed by PRIYA KAMBLI Date: 2026.07.31 17:59:26 +0530 8 & 11_WP_9391 & 9417_26.doc Maharashtra, shall dispose of such applications filed under Section 14 of the said Act, not later than 30 days from the dates of filing of such applications. 4. In Writ Petition No.9391 of 2026, the petitioner filed the said application under Section 14 of the said Act on 25.02.2025 and in Writ Petition No.9417 of 2026, the petitioner filed such application on 20.06.2025. Evidently, the direction issued by this Court in the aforesaid judgement in the case of L & T Finance Limited vs. State of Maharashtra and others (supra), has not been complied with in these petitions. 5. In view of the above, the writ petitions are disposed of by directing respondent No.1 – Chief Judicial Magistrate, Alibag to dispose of the pending applications bearing Criminal Miscellaneous Application Nos.249 of 2025 and 751 of 2025 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