AI Structured Summary
Not yet generated for this judgment
Judgment
Biren Vaishnav, J
Mr. Vishwas K. Shah, learned advocate for the petitioner has invited my attention to main the prayers made in this petition. The prayers read as under:
"A. Be pleased to direct Respondent no. 1 to forthwith pass an order below application filed in section 14 of the NPA Act, 2002 by the Petitioner bank dated 04/09/2019 titled as "Cholamandalam Investment and Finance Company Limited v/s Dhavalbhai Anilbhai Karia & Ors."
B. Pending hearing, admission, and final disposal of this Petition, be pleased to direct Respondent no. 1 to forthwith pass an order below application filed in section 14 of the NPA Act, 2002 by the Petitioner bank dated 04/09/2019 titled as "Cholamandalam Investment and Finance Company Limited v/s Dhavalbhai Anilbhai Karia & Ors."
The anxiety of the petitioner-Bank is that, though an application under Section 14 of the Act has been filed on 04.09.2019 before the respondent - District Magistrate, Rajkot and despite considerable time being elapsed since the date of filing the application, the application is still pending for adjudication though there is a statutory time limit within which it has to be decided.
Mr. Shah, learned advocate has invited my attention to the order of this Court in Special Civil Application No. 15159 of 2019 dated 12.9.2019 which reads as under:
Mr. P.R. Abhichandani has invited my attention to the prayers made in this petition. The prayers read as under:
"A. YOUR LORDSHIPS may be pleased to admit and allow the present petition;
B. YOUR LORDSHIPS may be pleased to issue the Writ of Mandamus or Writ in the nature of Mandamus or any other appropriate Writ, thereby directing Respondent No. 2, to expeditiously dispose of the Misc. Application filed on 28/09/2018 being application no. 285/2018 before the said Respondent No. 2 District Magistrate's, Ahmedabad and/to provide the necessary administrative assistance to the Petitioner within 30 days as per amended proviso of Section 14 of the SARFAESI Act for the applications as annexed at ANNEXURE P-2."
He invited my attention to the order passed by this Court wherein, identical prayers have been made. The order dated 05.02.2018 passed in Special Civil Application No. 2052 of 2018 by (Coram: R.M. Chhaya, J.) reads as under:
"Heard Mr. C.R. Abichandani, learned counsel for the petitioners and Dr. Venugopal Patel, learned Assistant Government Pleader for the respondent-State.
By way of this petition, the petitioners have prayed for appropriate direction to respondent No. 2-Collector & District Magistrate, Ahmedabad, to expeditiously decide and dispose of the application of the petitioner filed by the petitioners under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act).
In the process of taking action against the original borrower by invoking the provisions of SARFAESI Act, the petitioners applied before the District Magistrate under Section 14 of the SARFAESI Act for seeking assistance to secure possession of the mortgaged assets. The application before the District Magistrate, Ahmedabad was filed before long time. It is the case of the petitioners that despite passage of time beyond permissible under the statute, the District Magistrate has not heard and decided the application.
It deserves to be noted that Section-14 of the SARFAESI Act which contemplates application to be made to the District Magistrate, has its proviso which contemplates that the application filed under Section 14 of the Act shall have to be decided by the District Magistrate within the outer period of 60 days. The said period has already lapsed. This being a statutory period, it is to be adhered to by the District Magistrate. However, in the present case, District Magistrate, Ahmedabad, has not decided the said application within time.
In view of above factual and legal position of the case, respondent No. 2-Collector & District Magistrate, Ahmedabad, is hereby directed to immediately proceed to hear and decide the application of the petitioners filed under Section 14 of the SARFAESI Act, in accordance with law and strictly on its own merits.
With the above observation and direction, present petition stands disposed of. Direct service is permitted."
Learned AGP Mr. Jayneel Parikh appears on advance copy for respondent no. 2.
Having heard learned advocates for the respective parties, the respondent no. 2 Collector and District Magistrate, Ahmedabad, is hereby directed to immediately proceed to hear and decide the application of the petitioner filed by the petitioner under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, within 30 days from the date of receipt of copy of this order.
5 . With the aforesaid observations and directions, this petition is disposed of. Direct service is permitted."
Learned AGP Mr. Jayneel Parikh appears on advance copy for respondent no. 1.
Accordingly, the respondent No. 1-District Magistrate, Rajkot is hereby directed to immediately proceed to hear and decide the application of the petitioner filed by the petitioner under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, within 30 days from the date of receipt of copy of this order.
With the aforesaid observations and directions, this petition is disposed of. Direct service is permitted.