Disposed

Idfc First Bank Ltd. v. District Magistrate, Surat

Gujarat HC20 Jul 2022SCA/10859/2022

Case brief

AI extract

What is this about?

This order disposed of a writ petition filed by a bank challenging the delays in deciding an application under Section 14 of the SARFAESI Act. The Court directed the District Magistrate to decide the application within 30 days.

What did the court decide?

Direction to the District Magistrate, Surat, to decide the application under Section 14 of the SARFAESI Act within 30 days of receipt of the order.

Idfc First Bank Ltd. Vs District… — Contract and Commercial Disputes | Gujarat HC (2022)

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C/SCA/10859/2022 ORDER DATED: 20/07/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 10859 of 2022

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IDFC FIRST BANK LTD. Versus DISTRICT MAGISTRATE, SURAT

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Appearance:

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MR VISHAL P GORI(10350) for the Petitioner(s) No. 1 SUDHANSHU A JHA(8345) for the Petitioner(s) No. 1 MR AYAAN PATEL, AGP for the Respondent(s) No. 1

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CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

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Date : 20/07/2022

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ORAL ORDER

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By way of the present petition, which is filed under Article 226 of the Constitution of India, the petitioner Bank has prayed that respondent District Magistrate, Surat be directed to pass an appropriate order on application dated 11.06.2021 filed by the petitioner under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’ for short).

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Heard learned advocate Mr. Sudhanshu A. Jha appearing for the petitioner and learned Assistant Government Pleader Mr.Ayaan Patelfor the respondent.

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The main grievance of the petitioner in the present petition is that though the petitioner has filed an

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Page 1 of 3

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C/SCA/10859/2022 ORDER DATED: 20/07/2022

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application under Section 14 of the SARFEASI Act on 11.06.2021, the said application is till date not decided. It is pointed out that as per the provisions contained in Section 14 of the SARFAESI Act, respondent is required to decide the said application and pass suitable orders for the purpose of taking possession of the secured assets maximum within 60 days from the date of such application. However, till date, the application filed by the petitioner has not been decided.

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3.1 At this stage, it is pointed out by the learned advocate for the petitioner that in similar type of matters, this Court has considered the grievance of the concerned petitioner and directed the concerned District Magistrate to decide the application filed under Section 14 of the SARFAESI Act. Learned advocate Mr. Sudhanshu A. Jha appearing for the petitioner has referred the said orders, which are placed on record. It is, therefore, urged that appropriate direction be issued to respondent.

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I have considered the submissions canvassed by the learned advocate for the petitioner. I have also perused the material placed on record including the orders passed by the coordinate Bench of this Court as well as the provisions contained in the SARFAESI Act.

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In the facts and circumstances of the present case, respondent District Magistrate, Surat, is directed to adhere to

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Page 2 of 3

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C/SCA/10859/2022 ORDER DATED: 20/07/2022

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the time limit prescribed in the provisions of the SARFAESI Act and take appropriate decision on the application filed by the petitioner as expeditiously as possible and not later than 30 days from the date of receipt of this order.

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With the aforesaid direction, the petition stands disposed of.

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Direct Service is permitted.

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(VAIBHAVI D. NANAVATI,J)

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K.K. SAIYED

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Page 3 of 3

Idfc First Bank Ltd. v. District Magistrate, Surat

Case brief

What is this about?

What did the court decide?

Idfc First Bank Ltd. v. District Magistrate, Surat

Case brief

What is this about?

What did the court decide?

What the court decided

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