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Icici Bank Ltd. v. District Magistrate

Gujarat HC6 Jul 2022SCA/9058/2022

Case brief

AI extract

What is this about?

This order directs the District Magistrate to decide a SARFAESI Act application filed by the petitioner within 30 days from the date of the order, treating the matter as a writ petition under Article 226.

What did the court decide?

The District Magistrate is directed to decide the application filed under Section 14 of the SARFAESI Act within 30 days from the date of receipt of this order.

Icici Bank Ltd. Vs District Magistrate — Banking and Recovery | Gujarat HC (2022)

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C/SCA/9058/2022 ORDER DATED: 06/07/2022

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

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R/SPECIAL CIVIL APPLICATION NO. 9058 of 2022

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

ICICI BANK LTD.

Versus

DISTRICT MAGISTRATE

=================================================== 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. BHARGAV PANDYA, AGP for the Respondent(s) No. 1 ===================================================

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CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

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Date : 06/07/2022

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ORAL ORDER

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Heard Mr. Sudhanshu A. Jha, learned advocate appearing for the petitioner and Mr. Bhargav Pandya, learned Assistant Government Pleader appearing for the respondent-State.

¶14

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

¶15

In this petition under Article-226 of the Constitution of India, the prayer of the petitioner is that the District Magistrate be directed to decide the Application filed under Section 14 of the SARFAESI Act within a particular time frame.

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Page 1 of 2

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C/SCA/9058/2022 ORDER DATED: 06/07/2022

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Mr. Jha, learned advocate, relies on an order passed in Special Civil Application No. 1103 of 2020.

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Having perused the order and having heard Ms. Nidhi Vyas, 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 application has to pass appropriate orders within a period of 30 days from the date of the application or not later then 60 days.

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Hence, the respondent – District Magistrate is 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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The petition is disposed of, accordingly. Rule is made absolute accordingly. Direct service is permitted.

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(VAIBHAVI D. NANAVATI,J)

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Pradhyuman

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Page 2 of 2

Icici Bank Ltd. v. District Magistrate

Case brief

What is this about?

What did the court decide?

Icici Bank Ltd. v. District Magistrate

Case brief

What is this about?

What did the court decide?

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