Here in the Petition that was filed under Article 226 of the Constitution of India, the prayer of the petitioner was that Respondent i.e. District Magistrate is not deciding Misc. Application of 2018 filed under Section 14 (Chief Metropolitan Magistrate or District Magistrate to assist secured creditor in taking possession of secured asset) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’ for short) through the statute specifies the particular time limit within which such application has to be decided.
Arguments before the Court
The Arguments were based on previous decisions taken by the court in such a matter having favoured the Petitioners generally. The court has ordered that the appropriate decision on the application filed by the Petitioners in various cases with such concerns to be taken as expeditiously as possible and not later than 30 days from its orders.
Decision of the Court
In this brief order, however relevant enough, the Guj HC, triumphantly upheld its precedents whereby it directed the respondents to adhere to the time limit prescribed in the said proviso and take appropriate decision on Misc. Application of 2018 filed by the petitioner, not later than 30 days from the date of receipt of this order.[googlepdf url=”https://libertatem.in/wp-content/uploads/2020/02/SCA11032020_GJHC240015802020_1_21012020_watermark.pdf” download=”Download Judgement PDF” ]
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