Petitioner challenged bank's action under S. 13(4) SRA. Court disposed of petition directing bank to consider petitioner's pending application within four weeks.
Directed third respondent to consider petitioner's application dated 10-06-2013 and pass orders within four weeks.
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HON’BLE SRI JUSTICE N.V. RAMANA AND
HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
W.P.No.17903 of 2013
Date: 02-07-2013
Between:
Banne Buchappa
… Petitioner
1. The Union Bank of India Rep. by its Secretary, Ministry of Finance, New Delhi. And others
… Respondents
HON’BLE SRI JUSTICE N.V. RAMANA
AND
HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR
W.P.No.17903 of 2013
ORDER: (Per Hon’ble Sri Justice Vilas V. Afzulpurkar)
In this writ petition, the petitioner is questioning the action of the respondent-bank in invoking security measures taken by it under Section 13(4) of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act.
2. However, learned counsel for the petitioner submits that the petitioner has already filed an application dated 10-06-2013
before the third respondent-Assistant General Manager of the Bank seeking installments as well as requesting to open the lock of the shop and the said application is pending. He, therefore, submits that if the said application is considered and orders are passed thereon by the third respondent, the petitioner’s grievance would be redressed substantially.
3. In view of the said submission, without going into the merits of the case, we dispose of the writ petition directing the third respondent-Assistant General Manager of the Bank to consider the petitioner’s application dated 10-06-2013 and pass appropriate orders thereon, if not already passed, in accordance with law within a period of four weeks from the date of receipt of a copy of this order. As a sequel, miscellaneous petitions pending, if any, shall stand closed.
No order as to costs.
_______________ N.V. RAMANA, J
VILAS V. AFZULPURKAR, J
Date:02-07-2013 YCR
1 issue framed by the court
Whether the writ petition should be decided on merits or disposed of by directing the bank to consider the pending application.
1 provisions across 1 enactments
Banne Buchappa
The Union Bank of India
N.V. Ramana
Vilas V. Afzulpurkar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
