High CourtsDivision Bench(2022) 08 OHC CK 0089

Sundaram BNP Paribas Home Finance Limited vs District Magistrate cum Collector, Ganjam & Another

Orissa High Court · Decided on 10 August 2022

HON’BLE JUDGES
Jaswant Singh, J · M.S. Raman, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (C) No. 11887 Of 2022

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Judgment

6 paragraphs · 201 words
1.

This matter is taken up through hybrid arrangement (virtual/physical mode).

2.

The Secured Creditor is before this Court seeking a direction to the District Magistrate, Ganjam for an early disposal of the application dated 5th January, 2021 moved under Section 14 of the SARFAESI Act, 2002 for providing official assistance to secure physical possession of mortgaged property.

3.

Mr. Prasanna Kumar Mohanty, learned Additional Standing Counsel, upon instructions submits that the said application could not be decided due to non-fulfillment of certain requirements as per the statute-SARFAESI Act, 2002 and the same is now listed for consideration on 19th August, 2022. He assures the Court that the said application, even if incomplete would be decided expeditiously one way or the other not later than 31st August, 2022 in view of Judgment of this Court in the case of Bajaj Finance Ltd. v. M/s. Ali Agency and Others, reported in 2022 (I) ILR–CUT-86.

Learned counsel for the petitioner submits that they would fulfill the requirements for annexing along with the application for a proper decision before the next date of hearing fixed before the District Magistrate.

4.

In view of the aforesaid stand, the present Writ Petition is disposed of.

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