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Showing contexts for: Demolition dispossession eviction in Aditya Birla Finance Ltd., Nagpur, Thr. ... vs State Of Maharashtra, Thr. Secretary, ... on 28 July, 2021Matching Fragments
5. It is seen that even though no stay is in operation, the possession of the secured assets, as mentioned in order dated 27.08.2018 by the respondent no.2 has neither been handed over to the petitioner nor could be obtained by the petitioner. A notice in this regard has also been issued by respondent No.3 on 22.03.2021, but, for some reason or the other, possession could not be obtained in accordance with law by the respondents on behalf of the petitioner. The learned counsel for the petitioner Kavita 4/5 12-WP-2558.21-Judgment submits that the only reason, why the order dated 27.08.2018, is not being implemented is the order dated 16.04.2021, whereby all orders for eviction/dispossession/demolition have been directed to be kept in abeyance until 07.05.2021 or until further orders and as per the latest date, this order is valid till 13.08.2021. But, he also points out that this order dated 16.04.2021, makes it abundantly clear that the stay on dispossession/demolition/eviction would operate only in those cases where the order for dispossession etc. has been passed subsequent to 09.04.2021 and in the present case, the order of dispossession has been passed prior to 09.04.2021 or to be precise on 27.08.2018.
6. We have carefully gone through the order dated 16.04.2021, the paragraph no.7 of the order being relevant is reproduced as under:-
"7. It is also directed that any order or decree for eviction/dispossession/demolition which might have been passed by any court/tribunal/authority subsequent to April 9,2021 shall remain in abeyance till May 7,2021, unless directed otherwise in the meanwhile. It would be desirable if till May 7, 2021 or until further orders, whichever is earlier, removal Kavita 5/5 12-WP-2558.21-Judgment of encroachers without notice is not resorted to".
7. It would be clear from above, that the order directing the decree or order for eviction/dispossession/demolition to be kept in abeyance is applicable only to those cases, where such order or decree has been passed subsequent to 09.04.2021. In the present case, it is a matter of record that the order of handing over of the possession has been passed under Section 14 of the SARFAESI Act by the Competent Authority on 27.08.2018 and therefore, the order of Larger Bench of this Court passed on 16.04.2021 in suo motu PIL No. 1 of 2021 would have no application to the facts of the present case.