Gujarat HC: The Court triumphantly upholds its precedents directing the District Magistrate to give timely orders

- Advertisement -

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” ]
- Advertisement -

Libertatem.in is now on Telegram. Follow us for regular legal updates and judgements from the court. Follow us on Google News, InstagramLinkedInFacebook & Twitter. You can also subscribe for our Weekly Email Updates. You can also contribute stories like this and help us spread awareness for a better society. Submit Your Post Now.

- Advertisement -
- Advertisement -

LEAVE A REPLY

Please enter your comment!
Please enter your name here

This site uses Akismet to reduce spam. Learn how your comment data is processed.

About the Author

Dhwani Pandya
Dhwani Pandya is the Vice President for Editorial Operations at Libertatem Magazine. She has been a wonderful author and an editor for law content since 2019. Human Rights, International Law and Media Laws are her area of interest.
- Advertisement -
- Advertisement -spot_img