High Court of Bombay, Appellate Side, Writ Petition No. 997 of 2011. The Court directed the District Magistrate, Satara, to dispose of the Petitioner's SARFAESI Act application within two weeks.
Direction to the District Magistrate, Satara, to dispose of the SARFAESI Act application filed by the Petitioner within two weeks.
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE CIVIL JURISDICTION
WRIT PETITION NO. 997 OF 2011
The Memon Cooperative Bank Ltd.
.....Petitioner.
Vs.
The District Magistrate, Satara District & Ors.
......Respondents.
Mr. Rony Pallath Joseph for the Petitioner. None for the Respondents.
CORAM : DR. D.Y. CHANDRACHUD AND ANOOP V. MOHTA, JJ.
DATE : JUNE 15, 2011
P.C.:
The relief that has been sought in these proceedings under Article 226 of the Constitution is a direction to the District Magistrate, Satara to dispose of the Application which has been filed by the Petitioner under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
2 The record before the Court indicates that the Application is pending before the First Respondent since September, 2010. The First Respondent should be conscious of the fact that such Applications
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under Section 14 have to be disposed of expeditiously so as to facilitate the object and purpose underlying in the legislation. We therefore, dispose of this Petition by directing the First Respondent to take necessary steps to dispose of the Application filed by the Petitioner, within a period of two weeks from the date on which a certified copy of this order is placed before him by the Petitioner. It would be open to the First Respondent to take recourse to such provisions as are available under the law for taking the effective steps to implement the order.
3 The Petition is accordingly disposed of. There shall be no order as to costs.
(ANOOP V. MOHTA, J.)
(DR. D.Y. CHANDRACHUD, J.)
2 issues framed by the court
Whether the District Magistrate is directed to expedite disposal of an application under Section 14 of the SARFAESI Act.
Whether the Petitioner is directed to file the Application within a specified time limit.
2 provisions across 2 enactments
The Memon Co-operative Bank Ltd.
The District Magistrate, Satara District
DR. D.Y. CHANDRACHUD
ANOOP V. MOHTA
As recorded by the court registry
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