JUDGMENT :

(R.D. Dhanuka, J.)

1. Rule. Ms. Savita Nangare waives service on behalf of Respondent No. 1 in WPL 21538 of 2022. Mr. Vinod Nagula waives service for Petitioner in WPL 21538/2022 and Respondent Nos. 12 and 13 in WPL 20484 of 2022. Mr. V.A. Sonpal waives service for Respondent Nos. 3 and 4- State in WPL 21538 of 2022. Mr. Himanshu Takke, AGP waives service for Respondent No.1 State in WPL 20484 of 2022. Mr. Manish Doshi waives service for Respondent No.2 in WPL 21538/2022. Rule is made returnable forthwith. By consent of the parties, both the Writ Petitions are heard together and are being disposed of by a common order.

2. Petitioner-Punjab National Bank (hereinafter referred to as “Petitioner Bank”) has filed the Writ Petition (L) No. 20484 of 2022, inter alia, praying for a writ of Certiorari for quashing and setting aside the attachment order dated 22nd April, 2022 passed by the Assistant Commissioner of State Tax (hereinafter referred to as “Authority”). The Petitioner in Writ Petition (L) No. 21538 of 2022 has prayed for a writ of Certiorari for quashing and setting aside the attachment order dated 22nd April, 2022 passed by the Authority and further seeks an order and direction against Respondent No.2 Society to issue NOC to the Petitioners for effecting the transfer of the Secured Assets in its name, without any requirement of making payment of the dues of the Respondent No.3 and/or NOC of Respondent No.3.

Facts and Submissions in Writ Petition (L) 20484 of 2022

3. It is the case of the Petitioner Bank that during the period between 2004 and 2009, Respondent Nos. 2 to 11 (hereinafter referred to as “Borrowers”) availed various credit facilities from the Petitioner Bank to an aggregate extent of Rs. 3944.85 lacs, as set out in paragraph 4 of the Writ Petition. Respondent Nos.4 to 8 have created equitable mortgage of residential Flat No. 182, 18th Floor, along with two open parking spaces at Abhilasha Premises Co-operative Housing Society Ltd., Jolly Maker Apartment No.2, Opposite World Trade Centre, 94, Cuffe Parade, Mumbai- 400 005 (hereinafter referred to as “the Secured Asset”) in favour of the Petitioner Bank. The said mortgage was extended/ revised/renewed to secure credit limits granted to Respondent Nos.2 to 11.

4. It is the case of the Petitioner Bank that sometime in the year 2010, the said credit facilities granted to the borrowers turned irregular. Accordingly, the loan accounts of the borrowers were classified as non-performing asset (NPA) in accordance with RBI guidelines. The Petitioner Bank recalled the said credit facilities and issued a notice under Section 13(2) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short “the said “SARFAESI Act”) to the borrowers, calling upon them to pay a sum of Rs.21,40,92,734.30 as on 31st August, 2011, together with interest at the contractual rate within the period of 60 days from the date of the said notice.

5. It is the case of the Petitioner Bank that since the borrowers failed and neglected to clear the outstanding dues to the Petitioner Bank, on 26th November, 2011, the Petitioner Bank issued a notice calling upon the borrowers to hand over possession of the secured asset on or before 14th December, 2011 and took symbolic possession of the secured asset on 21st March, 2012. The said possession notice was published in Free Press Journal and Navshakti newspapers.

6. In the meanwhile, on 30th March, 2012, the Petitioner Bank registered mortgage of Secured Asset with Central Registry of Securitization Asset Reconstruction and Security Interest of India (hereinafter referred to as “the said CERSAI”). The said CERSAI report has been downloaded on 18th October, 2022 by the Petitioner Bank which shows that the Security Interest of the Petitioner Bank was registered with CERSAI on 30th March, 2012.

7. On 23rd January, 2013, the Chief Metropolitan Magistrate (CMM) Mumbai passed an order under Section 14