AXIS BANK LTD Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) In the above Petition the issue is a very narrow one.

(2.) On 4/7/2022 the District Magistrate allowed the application filed by the Petitioner bank under Sec. 14 of the SARFAESI Act, 2002 and directed the Tahsildar to take possession of the secured assets and to handover the same to the authorized officer of the Petitioner. After this, on 29 th September, 2022, the Tahsildar fixed the appointment on 19 th October, 2022 to take possession of the aforesaid secured assets. Being aggrieved by the order of the District Magistrate, the Borrower challenged the aforesaid action by filing S. A. No.1827 of 2022 before the DRT. By order dtd. 18/10/2022, the DRT directed the Borrower to pay 10% of the amount mentioned in the order within two months failing which the Petitioner was given liberty to take further measures under the provisions of the SARFAESI Act , 2002. Being aggrieved by this order, the Petitioner approached DRAT. DRAT by its order dated 24 th November, 2022 stayed the operation of the impugned order dtd. 18/10/2022. Since the interim order dtd. 18/10/2022 was stayed by the DRAT, the Petitioner pursued the matter with the Tahsildar to fix an appointment for taking possession of the secured assets.

(3.) In the above Petition, the grievance is that despite the persistent follow ups and reminders, including correspondence exchanged, the Tahsildar (Respondent No.2), District Magistrate and/or Divisional Commissioner (Respondent No.5) have failed to take any further action for handing over the secured assets to the Authorized Officer of the Petitioner. The learned AGP, appearing on behalf of the State sought time to take instructions as to why the Tahsildar has not taken any action once the interim order dtd. 18/10/2022 was stayed by the DRAT and which continues till today.