Bank of India v. State of U.P. and 8 Others
Case brief
What is this about?
The court directed the District Magistrate, Prayagraj to dispose of a Section 14 SARFAESI Act application filed by the Bank within three weeks after serving the order, noting the case had been pending for over a year.
What did the court decide?
Directed District Magistrate to decide Section 14 SARFAESI Act application within three weeks of receipt of this order.
What the court decided
A compact analysis
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 32
Case :- WRIT - C No. - 727 of 2020
Petitioner :- Bank Of India Respondent :- State Of U.P. And 8 Others Counsel for Petitioner :- Arif Ikbal 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 reliefs:-
"(1) Issue a writ or direction in suitable nature directing to the respondent no. 2 to decide the Case No. D-201903000008 of 2019 "Bank of India Vs. M/s Educational Trust and others" filed by the petitioner as early as possible within stipulated period.
(2) Issue a writ or direction in the nature mandamus to call for records of the Case No. D-201903000008 Bank of India Vs. M/s Shiksha Educational Trust and others under Section 14 of the SARFAESI Act, 2002 pending before respondent no. 2."
Heard learned counsel for the parties and perused the record.
Learned counsel for the petitioner-Bank has submitted that an 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 and the same was allowed by respondent no. 2 by order dated 07.02.2019. Being aggrieved with the said order, an application under Section 17 of the SARFAESI Act was filed by the borrowerrespondents and since the aforesaid order was
Issues for consideration
1 issue framed by the court
Whether the respondent District Magistrate directed under Section 14 of the SARFAESI Act to decide the pending application expeditiously.
Parties & counsel
- petitioner
Bank Of India
- respondent
State Of U.P
Coram
Shashi Kant Gupta
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · January
- Registered
- Case no.
- WRIC/727/2020
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