AL HOME FINANCE LIMITED FORMERLY KNOWN AS ASPIRE HOME FINANCE CORPORATION LIMITED v. THE STATE OF MAHARASHTRA DISTRICT MAGISTRATE AHMEDNAGAR AND OTHERS AND
Case Details
2024:BHC-AUG:30062-DB - 1 - IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD 17 WRIT PETITION NO. 13691 OF 2024 MOTILAL OSWAL HOME FINANCE LIMITED FORMERLY KNOWN AS ASPIRE HOME FINANCE CORPORATION LIMITED VERSUS THE STATE OF MAHARASHTRA DISTRICT MAGISTRATE AHMEDNAGAR AND OTHERS AND 18 WRIT PETITION NO. 13692 OF 2024 MOTILAL OSWAL HOME FINANCE LTD., THR AUTHORISED OFFICERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 20 WRIT PETITION NO. 13696 OF 2024 MOTILAL OSWAL HOME FINANCE LIMITED FORMERLY KNOWN AS ASPIRE HOME FINANCE CORPORATION LIMITED VERSUS THE STATE OF MAHARASHTRA DISTRICT MAGISRATE AHMEDNAGAR AND OTHERS AND 21 WRIT PETITION NO. 13697 OF 2024 MOTILAL OSWAL HOME FINANCE LTD., THR AUTHORISED OFFICERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 22 WRIT PETITION NO. 13698 OF 2024 MOTILAL OSWAL HOME FINANCE LIMITED FORMERLY KNOWN AS ASPIRE HOME FINANCE CORPORATION LIMITED VERSUS THE STATE OF MAHARASHTRA DISTRICT MAGISTRATE AND OTHERS AND 28 WRIT PETITION NO. 13722 OF 2024 khs/Dec.2024/13691 - 2 - MOTILAL OSWAL HOME FINANCE LIMITED THROUGH ITS AUTHORISED OFFICERS VERSUS THE STATE OF MAHARASHTRA TAHSILDAR AHMEDNAGAR AND OTHERS AND 29 WRIT PETITION NO. 13723 OF 2024 MOTILAL OSWAL HOME FINANCE LTD., THR AUTHORISED OFFICERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 30 WRIT PETITION NO. 13724 OF 2024 MOTILAL OSWAL HOME FINANCE LIMITED FORMERLY KNOWN AS ASPIRE HOME FINANCE CORPORATION LIMITED VERSUS THE STATE OF MAHARASHTRA DISTRICT MAGISRATE AHMEDNAGAR AND OTHERS AND 31 WRIT PETITION NO. 13725 OF 2024 MOTILAL OSWAL HOME FINANCE LIMITED THROUGH ITS AUTHORISED OFFICER VERSUS THE STATE OF MAHARASHTRA DISTRICT MAGISTRATE AHMEDNAGAR AND OTHERS AND 32 WRIT PETITION NO. 13726 OF 2024 MOTILAL OSWAL HOME FINANCE LTD., THR AUTHORISED OFFICERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND 33 WRIT PETITION NO. 13727 OF 2024 MOTILAL OSWAL HOME FINANCE LTD., THR AUTHORISED OFFICERS VERSUS THE STATE OF MAHARASHTRA AND OTHERS AND khs/Dec.2024/13691 - 3 - 34 WRIT PETITION NO. 13728 OF 2024 MOTILAL OSWAL HOME FINANCE LIMITED THROUGH ITS AUTHORISED OFFICERS VERSUS THE STATE OF MAHARASHTRA TAHSILDAR AHMEDNAGAR AND OTHERS AND 35 WRIT PETITION NO. 13729 OF 2024 MOTILAL OSWAL HOME FINANCE LIMITED THROUGH ITS AUTHORISED OFFICERS VERSUS THE STATE OF MAHARASHTRA TAHSILDAR AHMEDNAGAR AND OTHERS AND 36 WRIT PETITION NO. 13730 OF 2024 MOTILAL OSWAL HOME FINANCE LIMITED THROUGH ITS AUTHORISED OFFICERS VERSUS THE STATE OF MAHARASHTRA TAHSILDAR AHMEDNAGAR AND OTHERS AND 37 WRIT PETITION NO. 13731 OF 2024 MOTILAL OSWAL HOME FINANCE LIMITED THROUGH ITS AUTHORISED OFFICERS VERSUS THE STATE OF MAHARASHTRA TAHSILDAR AHMEDNAGAR AND OTHERS AND 39 WRIT PETITION NO. 13733 OF 2024 MOTILAL OSWAL HOME FINANCE LIMITED THROUGH ITS AUTHORISED OFFICERS VERSUS THE STATE OF MAHARASHTRA TAHSILDAR AHMEDNAGAR AND OTHERS AND khs/Dec.2024/13691 - 4 - 40 WRIT PETITION NO. 13734 OF 2024 MOTILAL OSWAL HOME FINANCE LIMITED THROUGH ITS AUTHORISED OFFICERS VERSUS THE STATE OF MAHARASHTRA TAHSILDAR AHMEDNAGAR AND OTHERS AND 42 WRIT PETITION NO. 13744 OF 2024 MOTILAL OSWAL HOME FINANCE LIMITED THROUGH ITS AUTHORISED OFFICERS VERSUS THE STATE OF MAHARASHTRA TAHSILDAR AHMEDNAGAR AND OTHERS AND 45 WRIT PETITION NO. 13747 OF 2024 MOTILAL OSWAL HOME FINANCE LIMITED THROUGH ITS AUTHORISED OFFICERS VERSUS THE STATE OF MAHARASHTRA TAHSILDAR AHMEDNAGAR AND OTHERS
Legal Reasoning
addressed by this Court in similar matters of the same petitioner in WP No.3646/2024 and connected matters by order dated 10.04.2024. 4. The issue regarding right of a secured creditor to apply second time to the District Magistrate soliciting an order u/s 14 of the SARFAESI Act after it looses possession of the secured assets, allegedly forcibly or illegally by the debtors. The petitioner / financial institution has moved such second applications soliciting orders of the District Magistrate u/s 14 of the SARFAESI Act and obviously seeking its execution so as to enable it to recover back the secured assets. 5. The issue was dealt with by a co-ordinate division bench of khs/Dec.2024/13691 - 6 - this Court in the matter of the Nashik Merchant Co-operative Bank Vs. the District Collector, Jalna and others, WP No.10069/2022, decided on 28.02.2023. It was rendered by referring to the judgment in the matter of M/s Sri Balaji Centrifugal Castings Vs. M/s ICICI Bank Limited, (2018) SCC Online, Hyd 368 and A.A.Kumaran Vs. Superintendent of Police, Thissur and others in WP © No.5875 of 2022 dated 18.05.2022. 6. In the petitioner’s earlier matters referred to hereinabove, again the issue had cropped up and this Court had directed the District Magistrate to decide its second applications preferred u/ 14 of the SARFAESI Act. 7. It is even pointed out that the case in the matter of Sri.Balaji Centrifugal (supra) had reached the Supreme Court, which refused to entertain the SLP. 8. For the sake of convenience, the learned Advocate for the petitioner has tendered across the bar a chart indicating as to when the possession was recovered earlier and when the second application has been moved before the District Magistrate. It is as under :- khs/Dec.2024/13691 - 7 - Writ Petition No. Borrower Name WP 13730/2024 WP 13744/2024 WP 13734/2024 WP 13722/2024 WP 13728/2024 WP 13729/2024 WP 13731/2024 WP 13747/2024 WP 13733/2024 WP 13725/2024 WP 13698/2024 khs/Dec.2024/13691 Bhanudas Vithal Jadhav Ravindra Dhonduram Waghmare Dipak Rangnath Bhonde Nilesh Sampatrao Kolase Rajendra Harde Namdev Sarjerao Jathar Vasant Bhagwant More Amir Dadabhai Imandar Mahesh Namdev Harde Kailas Bhausaheb Tanpure Rahul Vitthal Dive of
Arguments
Mr.S.S.Deshpande, Advocate for the petitioner. Mr.A.B.Girase,Government Pleader for the State. ( CORAM : MANGESH S. PATIL AND PRAFULLA S. KHUBALKAR, JJ. ) DATE : DECEMBER 16, 2024 PER COURT : 1. Heard the learned Advocate for the petitioner, which is the same financial institution in all these writ petitions. We have also heard khs/Dec.2024/13691 - 5 - the learned Government Pleader. 2. Leave granted to place on record in WP No.13725/2024 a copy of the application moved by the petitioner to the District Magistrate u/s 14 of the SARFAESI Act. Copy shall be placed on record forthwith. 3. The issue involved in all these petitions has already been
Decision
Date section 14 order of Date possession by petitioner of Date application to District Magistrate after illegal dispossession 16.08.2019 30.11.2019 29.07.2024 11.02.2019 28.05.2019 11.10.2024 04.01.2020 12.03.2020 11.10.2024 08.07.2020 04.02.2021 26.07.2024 20.01.2023 13.10.2023 29.07.2024 04.01.2020 24.03.2021 29.07.2024 19.10.2020 29.01.2021 29.07.2024 01.02.2021 17.10.2023 29.07.2024 29.07.2020 04.02.2021 29.07.2024 01.06.2019 19.07.2019 19.10.2020 29.12.2020 11.10.2024 - 8 - 29.07.2020 30.12.2021 11.10.2024 19.10.2020 08.04.2021 11.10.2024 16.08.2019 13.01.2020 11.10.2024 19.10.2020 15.02.2021 11.10.2024 03.01.2020 30.01.2020 11.10.2024 30.07.2020 18.12.2020 11.10.2024 03.02.2021 30.09.2021 11.10.2024 04.06.2019 20.07.2019 11.10.2024 WP 13692/2024 WP 13727/2024 WP 13723/2024 WP 13724/2024 WP 13696/2024 WP 13697/2024 WP 13726/2024 WP 13691/2024 Sachin Bapusaheb Shirsath Shauqat Shabir Pathan Indra Dyandev Ingale Ajay Machindra Khose Ramchandra Satubhau Shelke Shukleshwar Kashinath Awari Bharat Bapurao More Goraksha Surybhan Ghanwat Though the learned Government Pleader strenuously makes the submissions in tune with the submisions advanced before the co- ordinate division bench in the matter of Nashik Merchant (supra), in our considered view since the respondent/State has already suffered the order in the matter of the petitioners only as also in so many earlier matters, decided on 10.04.2024, the learned Government Pleader is not even entitle to repeat the submissions and take the same stand. khs/Dec.2024/13691 - 9 - 9. In the light of the above, there is no escape from following the same course. The writ petitions are allowed. The Respondent / District Magistrate shall decide the petitioner’s application u/s 14 of the SARFAESI Act within the statutory time. ( PRAFULLA S. KHUBALKAR, J.) ( MANGESH S. PATIL, J.) khs/Dec.2024/13691