Disposed

Punjab National Bank v. Chief Metropolitan Magistrate, Ahmedabad

Gujarat HC4 Jul 2022SCA/11882/2022

Case brief

AI extract

What is this about?

The Gujarat High Court directed the Chief Metropolitan Magistrate to dispose of the petitioner's Section 14 application under the SARFAESI Act within 30 days of receiving this order, citing time limits and reference to a previous similar order.

What did the court decide?

The respondent was directed to decide the application filed by the petitioner not later than 30 days from the receipt of this order.

Punjab National Bank Vs Chief Metropolitan Magistrate… — Banking and Recovery | Gujarat HC (2022)

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C/SCA/11882/2022 ORDER DATED: 04/07/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 11882 of 2022

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PUNJAB NATIONAL BANK

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Versus

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CHIEF METROPOLITAN MAGISTRATE, AHMEDABAD

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Appearance:

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MR. V.N. SEVAK(3791) for the Petitioner(s) No. 1
MR AYAAN PATEL AGP for the Respondent(s) No. 1

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=====================================================

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CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

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Date : 04/07/2022

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ORAL ORDER

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1.The petitioner has approached this Court with the following prayers :-

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"(a) To admit and allow the said Special
Civil Application;

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(b) To direct the Respondent - Chief
metropolitan magistrate, Ahmedabad to
decide the Application No.1974 of 2020
[Caption read as 'PUNJAB NATIONAL BANK VS
MR. PINTU GOVINDPRASAD SHARMA & ANOTHER]
filed under Section 14 on 14/08/2020 by the
Petitioner as expeditiously as possible.

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(c) To pass such other and further order/s
as may be just and necessary in the
circumstances of the case."

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2.It is the case of the petitioner Bank that has
filed an application under Section 14 of the
SARFAESI Act before the respondent on
14.08.2020.

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Page 1 of 3

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C/SCA/11882/2022 ORDER DATED: 04/07/2022

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3.Mr. V.N. Sevak, learned advocate for the petitioner relies on the provisions of Section 14 of the Act and submits that there is time bound schedule within which the respondent ought to have decide the application.

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3. 1 Mr. V.N. Sevak, learned advocate for the petitioner further submits that though repeated requests have been made to respondent to decide such application, no such decision has been taken.

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4.Reliance is also placed on an order passed by this Court on 18.01.2021 where this Court after reproducing the relevant provisions of the Section, directed the respondent - Collector & District Magistrate, Ahmedabad to decide the application filed by the petitioner as expeditiously as possible and not later than 30 days from the date of receipt of writ of this order.

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5.Mr. V.N. Sevak, learned advocate for the petitioner invites identical order in the present case.

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6.In view of the order dated 18.01.2021 passed in Special Civil Application No.16340 of 2020, similar directions are issued as under :

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7.On reading the provisions of Section 14, it is clear that the Chief Metropolitan Magistrate or

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Page 2 of 3

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C/SCA/11882/2022 ORDER DATED: 04/07/2022

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the District Magistrate before whom the
application under Section 14 is filed, after
satisfying the contents of the affidavit filed
by the secured creditors has to pass appropriate
orders for the purpose of taking possession of
the secured asset within a period of 30 days
from the date of application, and not later than
60 days. Hence, the respondent is hereby
directed to adhere to the time limit prescribed
in the said provisos 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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8.Subject to the said direction, the petition is disposed of.

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Direct service is permitted.

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(VAIBHAVI D. NANAVATI,J)

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Pallavi

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Page 3 of 3

Punjab National Bank v. Chief Metropolitan Magistrate, Ahmedabad

Case brief

What is this about?

What did the court decide?

Punjab National Bank v. Chief Metropolitan Magistrate, Ahmedabad

Case brief

What is this about?

What did the court decide?

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