Bombay High Court
Hdb Financial Services Ltd., Nagpur ... vs The Additional Collector/Additional ... on 1 December, 2021
Author: Anil L. Pansare
Bench: S.B. Shukre, Anil Laxman Pansare
1 W.P.No.4879.2021
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH : NAGPUR
WRIT PETITION NO. 4879 OF 2021
HDB Financial Services Ltd., Ahmedabad, Branch Office Nagpur,
..VS..
The Additional Collector/Additional District Magistrate, Akola and Ors.,
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Office Notes, Office Memoranda of Coram, Court's or Judge's orders
appearances, Court's orders of directions
and Registrar's orders
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Shri N. B. Kalwaghe, Advocate for petitioner.
Shri N. R. Patil, Addl.G.P. for respondent Nos.1 & 2.
CORAM : SUNIL B. SHUKRE AND
ANIL L. PANSARE, JJ.
DATED : 01.12.2021
1. Leave to amend the prayer clause is granted. Amendment be carried out forthwith.
2. Heard.
3. Issue notice for final disposal at admission stage to the respondents, returnable after two weeks.
4. Shri N. R. Patil, learned A.G.P. waives service of notice for respondent Nos.1 and 2.
5. Hamdast is granted for service of notice upon remaining respondents.
6. Meanwhile, respondent No.1 is directed to take possession of the secured assets in terms of the order passed on 30.06.2021, under Section 14 of the Securitization and Reconstruction of Financial Assets and 2 W.P.No.4879.2021 Enforcement of Security Interest Act, 2002 (SARFAESI Act). We also direct respondent no.1 to submit his report as to under what authority respondent No.3, the Naib Tahsildar, Akola has issued impugned communication directing the petitioner to remove the seal after the order passed by respondent No.1 under Section 14 of the SARFAESI Act was implemented and possession was taken over.
7. Meanwhile, we direct respondent No.1 to take the possession and hand it over to the petitioner.
JUDGE JUDGE
Kirtak
Digitally Signed By:KIRTAK
BHIMRAO JANARDHAN
Signing Date:01.12.2021
18:06