Time Period of 60 Days Is Mandatory Requirement To Dispose of Criminal Application Under Section 14 of SARFAESI Act: Gujarat High Court

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Excerpt

The writ petition was instituted under Article 226 of Constitution of India. The Petitioner had requested before this Court that Respondent No.1 be instructed to dispose of the criminal application in an expeditious manner under Section 14 of SARFAESI Act, 2002 in the case of Bank of Baroda v. District Magistrate.

Facts

The Petitioner filed an application under Section 14 of the SARFAESI Act in August 2020 contained that Respondent is mandated to decide the application within 60 days from date of application for taking possession of secured assets. However, such a decision had been delayed by Respondent till date and consequence of which led to the filing of such Petition under this Court.

Petitioner’s Arguments

The counsel submitted before the Court that this Court had taken earlier matters of similar nature in directing concerned District Magistrate to decide application without delay. Therefore, the Petitioner requested before this Court to consider the same and issue directions to the Respondent.

Court’s Observation

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The Court observed arguments presented by counsel of Petitioner and order passed by this Court in earlier cases along with the provision of SARFAESI Act.

Court’s Decision

The Court concluded that Respondent No.1, District Magistrate, Ahmedabad was directed to undertake the said application under Section 14 of SARFAESI Act expeditiously. Provided further, it must not exceed more than 30 days from the date of receipt of the order.

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