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2023 Supreme(Bom) 295

NITIN JAMDAR, ABHAY AHUJA
L & T Finance Limited – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr.S.S.Panchpor with Mr.S.S.Agave, Ms.Asha Bhuta i/b. Bhuta
For the Respondent:Dr.Birendra Saraf, Advocate General with Mr.P.P.Kakade, Government Pleader with Ms.Shruti D. Vyas, Mr.S.R.Nargolkar, Mr.Himanshu Takke, Mr.Graham Francis i/b. Samarth Moray

JUDGMENT :

Nitin Jamdar, J

Rule. Rule made returnable forthwith. Respondents waive service. Taken up for disposal by consent of parties.

2. These petitions are filed by the secured creditors who had applied under section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act). Since the applications have not been disposed of, the Petitioners have filed these petitions for directions for early disposal of these Petitions.

3. The Petitioner in Writ Petition No.15285/2022- L & T Finance Limited is a non-banking finance company that has made an application to the Chief Metropolitan Magistrate, Mumbai, on 22 December 2021. Writ Petition Nos.278 and 279/2023 are filed by the Petitioner- TJSB Sahakari Bank Ltd., and Writ Petition (L) No.3731/2021 is filed by the Petitioner- The National Co-operative Bank Ltd., the secured creditors since their applications filed under section 14 of the SARFAESI Act are still pending. In Writ Petition (L) No.3731/2021, the application under the SARFAESI Act is stated to be pending since the year 2016.

4. The principal grievance of the Petitioners is common that, despite the power under sectio

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