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Cholamandalam Investment and Finance Company Limited v. State of Gujarat

Gujarat HC15 Jul 2022SCA/13141/2022

Case brief

AI extract

What is this about?

High Court of Gujarat directed the District Magistrate Ahmedabad to decide an application filed under Section 14 of the SARFAESI Act within 30 days or not later than 60 days, making an earlier order absolute.

What did the court decide?

District Magistrate directed to decide the application within 30 days or not later than 60 days; Rule made absolute.

Cholamandalam Investment and Finance Company Limited Vs… — Banking and Recovery | Gujarat HC (2022)

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C/SCA/13141/2022 ORDER DATED: 15/07/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 13141 of 2022

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CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED

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Versus

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STATE OF GUJARAT

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

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Appearance:

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MR. VN. SEVAK(3791) for the Petitioner(s) No. 1
for the Respondent(s) No. 2

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MR AYAAN PATEL, ASSISTANT GOVERNMENT PLEADER 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 : 15/07/2022

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ORAL ORDER

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1.Heard Mr. V.N. Sevak, the learned advocate appearing for the petitioner and Mr. Ayaan Patel, the learned Assistant Government Pleader appearing for the respondent - State.

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2.Rule returnable forthwith. With the consent of the learned advocates appearing for the respective parties, this matter is taken up for final hearing.

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3.In this petition under Article 226 of the Constitution of India, the prayer of the

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Page 1 of 3

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C/SCA/13141/2022 ORDER DATED: 15/07/2022

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petitioner is that the District Magistrate,
Ahmedabad be directed to decide the Application
NO. 86 of 2021 [Caption read as 'CHOLAMANDALAM
INVESTMENT AND FINANCE COMPANY LIMITED V/S
JAGDISHBHAI JIRAJBHAI KAKADIYA] filed on
04.09.2021 under Section 14 of the SARFAESI Act
within a particular time frame.

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4.Mr. V.N. Sevak, the learned advocate appearing

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for the petitioner, relies on an order passed in Special Civil Application No.6269 of 2021 and Special Civil Application No.11078 of 2020.

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5.Having perused the order and having heard Mr.
Ayyan Patel, the learned Assistant Government
Pleader, who appears on advance copy, the
respondent - District Magistrate, before whom
the application is filed under Section 14 shall,
after satisfying the contents of the affidavit
filed by the secured creditor has to pas
appropriate orders within a period of 30 days
from the date of the application or not later
then 60 days.

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6.Hence, the respondent - District Magistrate is

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Page 2 of 3

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C/SCA/13141/2022 ORDER DATED: 15/07/2022

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directed to take appropriate decision in the
application filed by the petitioner as
expeditiously as possible and not later then 30
days from the date of the receipt of this order.

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7.The petition is disposed of, accordingly. Rule is made absolute accordingly.

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(VAIBHAVI D. NANAVATI,J)

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Pallavi

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Page 3 of 3

Cholamandalam Investment and Finance Company Limited v. State of Gujarat

Case brief

What is this about?

What did the court decide?

Cholamandalam Investment and Finance Company Limited v. State of Gujarat

Case brief

What is this about?

What did the court decide?

What the court decided

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