Hdfc ( Housing Devlopment Finance Corporation )Limited. Vs Additional Chief Metropolitian Magistrate Kanpur Nagar and 3 Others

Court No. - 21

Case :- WRIT - C No. - 3044 of 2023

Petitioner :- Hdfc ( Housing Devlopment Finance Corporation )Limited. Respondent :- Additional Chief Metropolitian Magistrate Kanpur Nagar And 3 Others Counsel for Petitioner :- Amit Shukla

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Hon'ble Manoj Kumar Gupta,J. Hon'ble Vikram D. Chauhan,J.

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The petitioner is secured creditor as defined under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short "SARFAESI Act"). Respondent Nos.2 to 4, the borrowers had committed default in re-payment of loan taken from the petitioner. The petitioner is proceeding against the borrowers under the SARFAESI Act and symbolic possession of the secured asset was taken in pursuance of notice dated 1.6.2022.

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On 20.6.2022 petitioner had applied for actual physical possession by moving an application under Section 14 of the SARFAESI Act. The said application is pending before the respondent No.1. As it has not been disposed of so far, the instant petition is filed praying for a mandamus commanding the respondent No.1 to conclude the proceeding expeditiously.

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Counsel for the petitioner submits that the borrowers have not challenged any proceeding under the SARFAESI Act before any forum and, thus, there is no legal impediment in passing the order under Section 14 of the SARFAESI Act.

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Having regard to the third proviso to sub-section (1) of Section 14 of the SARFAESI Act, we dispose of the petition with direction to the respondent No.1 to make all endeavour to decide the proceedings expeditiously preferably within one month from the date of communication of the instant order, provided there is no legal impediment.

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Order Date :- 30.1.2023 D. Tamang

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(Vikram D. Chauhan,J.) (Manoj Kumar Gupta,J.)

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Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad

Hdfc ( Housing Devlopment Finance Corporation )Limited. v. Additional Chief Metropolitian Magistrate Kanpur Nagar and 3 Others

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Hdfc ( Housing Devlopment Finance Corporation )Limited. v. Additional Chief Metropolitian Magistrate Kanpur Nagar and 3 Others

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