1 cr-wp-631-11 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI. WRIT PETITION NO. 631 OF 2011 M/s. International Asset Reconstruction ] Company Pvt. Ltd. acting in its capacity ] as the Trustee of the IARC-BOB 01/07 ] Trust, A company registered under ] Section 3 of the Securitisation and ] Reconstruction of Financial Assets and ] Enforcement of Security Interest Act, 2002 ] and incorporated under the ] Companies Act, 1956 having its ] registered office at 709, 7th floor, ] Ansal Bhawan, 16, Kasturbha Gandhi Marg] New Delhi- 110 001 and having its ] corporate office at A/508, 5th floor, ] 215, “ATRIUM”, Kanakia Spaces, ] Andheri Kurla Road, Andheri (East) ] Mumbai- 400 069 through its ] Authorised Representative of the ] Constituted Attorney Shri. Tushar B.Patel ]..Petitioner Vs. State of Maharashtra ] through the District Magistrate, ] Raigad, Maharashtra ]..Respondent .... Ms. Smita Deokar i/b Ms. Revati Mohite Dere Advocate for Petitioner Mr. A.S.Gadkari A.P.P. for the Respondent-State .... CORAM : P.V.HARDAS AND M.N.GILANI, JJ. DATED : MARCH 29, 2011 2 cr-wp-631-11 ORAL JUDGMENT : [PER P.V.HARDAS, J.]: 1 Rule. Rule returnable forthwith. With the consent of the learned Counsel for the parties this petition is heard finally at the stage of admission. 2 By this petition under Article 226 of the Constitution of India the petitioner has prayed for the following reliefs: “(a) this Hon'ble Court be pleased to issue a writ of mandamus or any other writ of the like nature thereby directing the District Magistrate, Raigad, Maharashtra to pass appropriate orders under section 14(1) of the SARFAESI Act on the Miscellaneous Application lodged by the Petitioner on 14th January, 2011 with the office of the Respondent, within a period of four weeks from the date of receipt of the order passed by this Hon'ble Court, or within such time as this Hon'ble Court deems fit and proper; (b) this Hon'ble Court be pleased to order and direct the District Magistrate, Raigad, Maharashtra to take possession of the secured assets as more particularly described in Exhibit “A” hereto within a period of two weeks of passing of the order on the application, or such other period as this Hon'ble Court 3 cr-wp-631-11 deems fit and proper, without issuance of notice to any party, and hand over the same to the Authorized Officer of the Petitioner.” 3 In respect of prayer clause (a) to the petition, the learned A.P.P. has tendered before us a copy of the order passed by the Collector on the application dated 14.1.2011 filed by the present petitioner. In the light of the order passed by the Collector dated 25.3.2011 deciding the application filed by the petitioner, prayer clause (a) does not survive for consideration. 4 Perusal of the order indicates that the application has been decided in favour of the petitioner and therefore we deem it appropriate to direct the Collector to execute his own orders, in accordance with law, as expeditiously as possible and preferably within four weeks from today. Rule is therefore made absolute in terms of directions to the Collector for executing his order dated 25.3.2011 within four weeks from today. In the circumstances, there shall be no order as to costs. [ M.N.GILANI, J. ] [ P.V.HARDAS, J. ] 4 cr-wp-631-11