ASSET CARE AND RECONSTRUCTION ENTERPRISES LTD v. THE STATE OF MAHARASHTRA THRU G P AND ANR
WP/13670/2026 · 2026-10-15
body2026
DailyLaw.ai
[ 2026 DAILYLAW 19563 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 19563 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
18_WP13670_26.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.13670 OF 2026 Asset Care and Reconstruction Enterprises Limited … Petitioner Vs. State of Maharashtra through GP and others … Respondents Mr. R. L. Motwani for Petitioner. Mr. Vaibhav Charalwar, ‘B’ Panel for Respondents-State. CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ. DATE : OCTOBER 15, 2026 P.C. : . Heard Mr. Motwani, learned counsel for the petitioner (secured creditor) and Mr. Charalwar, learned ‘B’ Panel counsel for the respondents-State. 2. The principal grievance of the petitioner is that miscellaneous applications filed in disposed of applications under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (Securitisation Act), are languishing before the Court of Chief Judicial Magistrate, Mumbai and that appropriate directions are required to be issued for expeditious disposal of the same. It appears that the miscellaneous applications are filed for substituting the name of the secured creditor and its authorized officer. We are of the opinion that such miscellaneous applications need to be decided expeditiously because it is only after the substitution that the secured creditor would be able to seek execution of the orders passed under Section 14 of the Securitisation Act. 3. The details of the pending applications are given at exhibit-I at 1/2 MINAL SANDIP PARAB Digitally signed by MINAL SANDIP PARAB Date: 2026.10.15 17:52:02 +0530
18_WP13670_26.doc page 72. We are informed that the application at Sr. No.1 has been decided and that appropriate directions are being sought for applications at Sr.Nos.2 to 7 thereof. 4. In view of the above, the writ petition is disposed of by directing the Court of Chief Judicial Magistrate, Mumbai to dispose of the pending miscellaneous applications on or before the next dates assigned to the said applications. 5. The details as given by the petitioners with regard to the pending miscellaneous applications and next dates allotted to them are given hereinbelow:- Sr.
No. Assignor Bank Borrower Name Lodging Date Filing Date Court Final Case No. Next date 1 SMFG Veera Prasad and others 04.06.2026 19.06.2026 CJM Mumbai 2213/MISC /2026 29-Oct- 26 2 Unity Small Finance Bank Ltd. 1 Ness Rep through by Dilip Joshi 16.06.2026 01.07.2026 CJM Mumbai 2286/MISC /2026 5-Nov-26 3 ICICI Bank Ltd. Skyris Techno- logies Pvt. Ltd. 17.08.2026 11.09.2026 CJM Mumbai 3313/MISC /2026 6-Nov-26 4 ICICI Bank Ltd. Neha Vijay Gore 17.08.2026 11.09.2026 CJM Mumbai 3312/MISC /2026 29-Oct- 26 5 ICICI Bank Ltd. Skyris Techno- logies Pvt. Ltd. 17.08.2026 11.09.2026 CJM Mumbai 3309/MISC /2026 29-Oct- 26 6 ICICI Bank Ltd. Gulzar Gulam Rasul Kazi 17.08.2026 11.09.2026 CJM Mumbai 3311/MISC /2026 5-Nov-26
6. The Court of Chief Judicial Magistrate, Mumbai shall abide by the aforesaid direction of disposing of the pending miscellaneous applications on or before the next dates assigned to such applications. 7. Pending applications, if any, in this writ petition stand disposed of. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) 2/2 Minal Parab