This court directed the Additional Collector to decide the petitioner's application under Section 14 of the SARFAESI Act positively within 15 days of receiving the certified copy of this order, warning of serious consequences for delay.
Direction to Respondent No. 1 to decide the Section 14 application positively within 15 days.
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Court No. - 32
Case :- WRIT - C No. - 233 of 2020
Petitioner :- State Bank Of India Respondent :- Additional Collector And 5 Others
Counsel for Petitioner :- Satish Chaturvedi Counsel for Respondent :- C.S.C.
Hon'ble Shashi Kant Gupta,J. Hon'ble Piyush Agrawal,J.
This writ petition has been filed, interalia, for the following relief:-
"(i) Issue a writ, order or direction in the nature of certiorari calling for the record of the case and quash the order passed by the respondent no. 1-Additional Collector (Finance & Revenue), District Muzaffarnagar dated 04.10.2019 in proceeding under Section 14 of the SARFAESI Act (Annexure No. 1) to the instant writ petition."
Perusal of the record shows that the application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (in short the "SARFAESI Act") was filed by the petitioner before the respondent no. 1 and the same was allowed by order dated 25.01.2019. Being aggrieved with the said order, the respondent no. 2 moved an application dated 13.03.2019 before the respondent no. 1 for recalling of the order dated 25.01.2019. The respondent no. 2 preferred a writ petition i.e. Writ C No. 20994 of 2019 (M/s. Nitin Traders and 4 others versus State of U.P. and 2 Others) before this Court for issuing a mandamus directing the respondent no. 1 to decide the restoration application dated 13.03.2019 filed by the
respondent no. 2. This Court after hearing the concerned parties disposed of the said writ petition with a direction to the respondent no. 1 to decide the restoration application dated 13.03.2019 filed by the respondent no. 2. By impugned order dated 04.10.2019, the said restoration application has been allowed and the order dated 25.01.2019 passed on the application of the petitioner under Section 14 of the SARFAESI Act has been recalled. Being aggrieved with the said order dated 04.10.2019 passed by the respondent no. 1, the present writ petition has been filed by the petitioner.
Heard learned counsel for the parties and perused the record.
Learned counsel for the petitioner after arguing the matter for some time, has confined his prayer to the extent that the respondent no.1 may be directed to decide his application filed under Section 14 of the SARFAESI Act within the stipulated period.
Considering the facts and circumstances of the case, we direct the respondent no. 1 to decide the application filed by the petitioner under Section 14 of the SARFAESI Act positively within a period of 15 days from the date of receipt of the certified copy of this order. In case, the order is not passed under Section 14 of the SARFAESI Act within the stipulated period as mentioned above, this Court will take a very serious view of the matter.
With the aforesaid observation, this writ petition stands disposed of.
Order Date :- 7.1.2020/Arun
1 issue framed by the court
Whether the Respondent No. 1 is directed to decide the application filed under Section 14 of the SARFAESI Act within a stipulated period.
1 provisions across 1 enactments
State Bank Of India
Additional Collector And 5 Others
Shashi Kant Gupta
Piyush Agrawal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
