Allowed

Axis Bank Limited v. State of Gujarat

Gujarat HC18 Jul 2022SCA/12708/2022

Case brief

AI extract

What is this about?

The single judge granted the petitioner's prayer for an appropriate writ to ensure expeditious disposal of an application under Section 14 of the SARFAESI Act. The Court directed the District Magistrate to decide the application within 30 days of the order.

What did the court decide?

Directed the District Magistrate to decide the application under Section 14 of the SARFAESI Act as expeditiously as possible and not later than 30 days from the date of receipt of the order.

Axis Bank Limited Vs State of Gujarat — Banking and Recovery | Gujarat HC (2022)

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C/SCA/12708/2022 ORDER DATED: 18/07/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 12708 of 2022

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

AXIS BANK LIMITED

Versus

STATE OF GUJARAT

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

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Appearance:

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MR LALIT M PATEL(2239) for the Petitioner(s) No. 1
MR BHARGAV PANDYA, ASSISTANT GOVERNMENT PLEADER/PP
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 : 18/07/2022

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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) YOUR LORDSHIPS be pleased to issue
appropriate writ, order or direction to the
Ld. Collector and District Magistrate,
Kheda for expeditious disposal of the
Securitisation Application filed by the
Petitioner under Section 14 of the SARFAESI
Act against the Borrower MAHESHWAR REFOILS
PVT. LTD. & ORS. on 10.06.2021 in
accordance with law authorising any
subordinate officer to him to take
possession of secured assets and forward
the same to the petitioner, within a period
of 30 days or within such stipulated time
as this Hon'ble Court deems fit and proper.

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(B) That the Hon'ble Court may be pleased
to grant such other and further reliefs as
may be deemed fit and proper, in the facts
and circumstances of the case in pursuance
of the law."

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Page 1 of 3

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C/SCA/12708/2022 ORDER DATED: 18/07/2022

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It is the case of the writ applicant - Bank that an application under Section 14 of the SARFAESI Act came to be filed before the respondent No.2 on 10.06.2021.

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3.Mr. Lalit M. Patel, the learned advocate appearing 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 No.2 ought to have decide the application.

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3.1 Mr. Lalit Patel, the learned advocate appearing for the petitioner further submits that though repeated requests have been made to respondent No.2 to decide such application, no such decision has been taken.

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Reliance is also placed on an order passed by this Court on 23.06.2022 in the case of same petitioner wherein this Court after reproducing the relevant provisions of the Act, directed the respondent No.2 - Collector 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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Mr. Lalit Patel, the learned advocate appearing for the petitioner invites identical order in the present case.

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Page 2 of 3

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C/SCA/12708/2022 ORDER DATED: 18/07/2022

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In view of the order dated 23.06.2022 passed in Special Civil Application No.11237 of 2022, similar directions are required to be issued by this Court.

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On reading the provision of Section 14, it is clear that the Chief Metropolitan Magistrate or the District Magistrate before whom the application under Section 14 is filed, after satisfying the contents of the affidavit filed by the secured creditors, the respondent 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 No.2 is hereby directed to adhere to the time limit prescribed in the said proviso 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

Axis Bank Limited v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Axis Bank Limited v. State of Gujarat

Case brief

What is this about?

What did the court decide?

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