dmt 1 wp9384-11 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 9384 OF 2011 International Asset Reconstruction Company Pvt. Ltd., through Mr. PKR Tilak .. Petitioner. versus State of Maharashtra through District Magistrate, Thane & Ors. .. Respondents. ..... Mr. Nikhil Rajani i/by Deshpande & Co. for the Petitioner. None for the Respondents. ...... CORAM : DR.D.Y.CHANDRACHUD & A. A. SAYED, JJ. 14 November 2011. P.C. : dmt 2 wp9384-11 The Petitioner which claims under an assignment executed by the Bank of Baroda of the debts due and payable by S.D. Bhoskar & Co. issued a notice under Section 13 (2) of the Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002 on 7 November 2008. Symbolic possession was taken under Section 13 (4) on 31 January 2009. It has been stated that the application under Section 17 instituted by the borrower was dismissed by the Debt Recovery Tribunal on 16 March 2011 and though an appeal has been filed, no stay has been granted. Accordingly, the Petitioner moved the First Respondent, the District Magistrate, Thane, under Section 14. An order was passed on 4 August 2010. An application was moved for directing the Tahsildar, Thane to render necessary assistance for taking over possession of secured assets. Both the Tahsildar, Thane and the Circle Officer (Belapur) (the second and third Respondents) have failed to enforce the order under Section 14. Hence, this Court has been moved under Article 226 of the Constitution. The Second and Third Respondents are duty bound to enforce dmt 3 wp9384-11 a valid order under Section 14 of the Securitisation & Reconstruction of Financial Assets & Enforcement of Security Interest Act, 2002. Such an order has been passed by the District Magistrate on 4 August 2010. 2. In the circumstances, this Petition is disposed of by directing the Respondents to take necessary steps to enforce the order under Section 14 forthwith upon receiving an authenticated copy of this order. 3. The Petition is accordingly disposed of. (Dr. D.Y. Chandrachud, J.) (A. A. Sayed, J.)