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2026 DAILYLAW 3705 (BOM)

PORTIUM FINANCE LTD THROU. KANCHAN PRAKASH PATOLE v. THE SUPDT OF THE CHIEF JUDICIAL MAGISTRATE DADRA AND NAGA HAVELI

WP/10729/2026 · 2026-08-25

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Judgment text

Extracted from the PDF above. The PDF is authoritative.

varsha 17-wp-10729-2026.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.10729 OF 2026 Portium Finance Ltd Throu. Kanchan Prakash Patole .. Petitioner V/S. The Supdt of the Chief Judicial Magistrate Dadra and Naga Haveli .. Respondent ------------------- Mr. Sanjay Anabhawane, for the Petitioner. None for the respondent. -------------------- CORAM : MANISH PITALE & SHREERAM V. SHIRSAT, JJ. DATE : 25th AUGUST 2026. PC: 1. Heard learned counsel petitioner. 2. The petitioner is a secured creditor aggrieved by the delay on the part of the Judicial Magistrate, Dadra and Nagar Haveli at Silvassa, in disposing of an application filed by the petitioner under Section 14 of the Securitisation and Reconstruction of Financial Assets And Enforcement of Security Interest Act, 2002. 3. Reliance is placed on the judgment of the Division Bench of this Court in the case of 'L and T Finance Limited Vs. State of Maharashtra and Ors'1 to contend that it ought to have been disposed of within 30 1 2023 SCC online Bom (931) 1 of 3 VARSHA DEEPAK GAIKWAD Digitally signed by VARSHA DEEPAK GAIKWAD Date: 2026.08.25 18:14:10 +0530 varsha 17-wp-10729-2026.doc days of filing of the application. 4. We find that in the present case the application is filed on 16.02.2026 bearing Miscellaneous Application (CR) No. 40 of 2026 before the Magistrate. 5. It appears that although the verification of the documents has been undertaken, no effective orders have been passed till date. 6. In Paragraph 23(a) of the aforesaid judgment in the case of L and T Finance Limited Vs. State of Maharashtra and Ors' (supra), a Division Bench of this Court directed that all such applications filed under Section 14 of the Securitisation Act before the competent Magistrates/Collectors in the State of Maharashtra should be disposed of not later than 30 days from the dates of filing of the applications. 7. Although in the said portion of the judgment reference is made to District Magistrates/Collectors in the State of Maharashtra, while the Magistrate in the present case is located in Union of Territory of Dadra and Nagar Haveli at Silvassa, since the said Magistrate falls within the jurisdiction of this Court, according to us, the guidelines issued in the said judgment in the case of L and T Finance Limited Vs. State of Maharashtra and Ors' (supra) apply with equal force to the concerned Magistrate in the present case. 8. In view of the above, the writ petition is disposed of by directing the Judicial Magistrate of Dadra and Nagar Haveli at Silvassa to dispose of the pending Miscellaneous Application (CR) No. 40 of 2026 filed by the petitioner within four weeks of this order being produced before the Magistrate. 2 of 3 varsha 17-wp-10729-2026.doc 9. Pending applications, if any, also stand disposed of. (SHREERAM V. SHIRSAT, J.) (MANISH PITALE, J.) 3 of 3