Supreme Court - Daily Orders
Kotak Mahindra Bank Ltd vs The State Of Maharashtra on 2 May, 2023
Author: M.R. Shah
Bench: M.R. Shah
SLP(C) No(s). 17782/2022
ITEM NO.17 COURT NO.4 SECTION IX
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 17782/2022
(Arising out of impugned final judgment and order dated 21-06-2022
in WP No. 2440/2022 passed by the High Court of Judicature at
Bombay)
KOTAK MAHINDRA BANK LTD Petitioner(s)
VERSUS
THE STATE OF MAHARASHTRA & ORS. Respondent(s)
(IA No. 150781/2022 - DELETING THE NAME OF PETITIONER/RESPONDENT
IA No. 150779/2022 - EXEMPTION FROM FILING C/C OF THE IMPUGNED
JUDGMENT
IA No. 150780/2022 - EXEMPTION FROM FILING O.T.) Date : 02-05-2023 This matter was called on for hearing today. CORAM :
HON'BLE MR. JUSTICE M.R. SHAH HON'BLE MR. JUSTICE MANOJ MISRA For Petitioner(s) Mr. Vikas Kumar, Adv.
Ms. Parul Manral, Adv. Mr. Sangam Panghal, Adv. Mr. Ankit Vashisht, Adv. Mrs. Meenakshi Saini, Adv. M/S Corporate Legal Partners, AOR For Respondent(s) Mr. Rahul Chitnis, Adv.
Mr. Siddharth Dharmadhikari, Adv. Mr. Aaditya Aniruddha Pande, AOR Mr. Bharat Bagla, Adv. Mr. Sourav Singh, Adv.
Mr. Aabhas Parimal, Adv. Mr. Asutosh Thakur, Adv. Mr. Somanatha Padhan, AOR Signature Not Verified Digitally signed by SONIA BHASIN UPON hearing the counsel the Court made the following O R D E R Date: 2023.05.06 11:53:34 IST Reason:
It is a case on behalf of the petitioner that after order 1 SLP(C) No(s). 17782/2022 passed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’) was implemented and the petitioner took possession of the secured assets the original borrower has taken illegal possession of the secured assets and committed an offence of trespass. It is not in dispute that now the concerned police officer of the concerned police station has lodged an FIR taking note of the allegations made by the petitioner.
In that view of the matter, we dispose of the present special leave petition by directing that the concerned police officer of the concerned police station before whom the FIR is lodged to inquire into the same at the earliest and submit a report before the concerned Magistrate as provided under Section 173 of the Criminal Procedure Code, 1973. The aforesaid exercise may be completed by the concerned investigating officer within a period of three months from today.
With these observations, the special leave petition is disposed of.
IA No. 150781/2022 is disposed of.
Pending application(s), if any, shall stand disposed of. (SONIA BHASIN) (NISHA TRIPATHI) COURT MASTER (SH) ASSISTANT REGISTRAR 2