SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2022 Supreme(Bom) 1086

K.R.SHRIRAM, A.S.DOCTOR
Authorized Officer, I. D. B. I Bank Ltd. – Appellant
Versus
State of Maharashtra, Through the Office of the Additional District Magistrate, Nashik – Respondent


Advocates Appeared:
For the Petitioners: Mr. Rohit Gupta a/w Mr. Tushar Halwai and Mr. Haneen Shaikh i/by Ms. Rubina Khan.
For the Respondents: Ms. S D. Vyas ‘B’ Panel Counsel.

JUDGMENT :

(A.S. Doctor, J.)

1. The present Writ Petition impugns an order dated 26th March 2021 (“impugned order”) passed by the Additional District Magistrate, Nashik in Securitization Case No.285/2017 (“the said Application”) filed by Petitioners under Section 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (“the SARFAESI Act”). By the said order the Additional District Magistrate, Nashik has disposed the said Application without taking possession of the secured assets mortgaged by Respondent No. 2 in favour of Petitioners despite due compliance by Petitioners with the provisions of Section 14 of the SARFAESI Act.

2. The facts, briefly stated are, that Petitioners are authorized officers of four financial institutions who had advanced loans aggregating Rs.141.38 crores (approximately) to Respondent No.2 at various intervals. The said loans had been secured, inter-alia, by a mortgage of the following immovable properties (“secured assets”) created by Respondent No. 2 in favour of the Petitioners, viz.

    “(a) All those pieces and parcel of Leasehold Land bearing Survey No.4/1, 4/2, 5/1, 5/2, 5/3/4, 6/2/1 admeasuring 80,400 sq

            Click Here to Read the rest of this document
            1
            2
            3
            4
            5
            6
            7
            8
            9
            10
            11
            SupremeToday Portrait Ad
            supreme today icon
            logo-black

            An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

            Please visit our Training & Support
            Center or Contact Us for assistance

            qr

            Scan Me!

            India’s Legal research and Law Firm App, Download now!

            For Daily Legal Updates, Join us on :

            whatsapp-icon telegram-icon
            whatsapp-icon Back to top