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Gujarat High Court

Iifl Home Finance Ltd. vs State Of Gujarat on 10 March, 2021

Author: Vipul M. Pancholi

Bench: Vipul M. Pancholi

         C/SCA/15860/2020                                              ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           R/SPECIAL CIVIL APPLICATION NO. 15860 of 2020
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                             IIFL HOME FINANCE LTD.
                                      Versus
                                STATE OF GUJARAT
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Appearance:
MR JAIMIN R PATEL(7447) for the Petitioner(s) No. 1
MR CR ABICHANDANI(2421) for the Petitioner(s) No. 1
MR ISHAN JOSHI, AGP (99) for the Respondent(s) No. 1
NOTICE SERVED(4) for the Respondent(s) No. 2
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 CORAM: HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI
                    Date : 10/03/2021
                     ORAL ORDER

1. By way of the present petition, which is filed under Article 226 of the Constitution of India, the petitioner Bank has prayed that respondent No.2 District Magistrate be directed to pass an appropriate order on Application No.141 of 2020 dated 24.07.2020 filed by the petitioner under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act' for short).

2. Heard learned advocate for the petitioner and learned Assistant Government Pleader Mr.Ishan Joshi for the respondent State.

3. The main grievance of the petitioner in the present petition is that though the petitioner has filed an application under Section 14 of the SARFEASI Act in July, 2020, the said application is till date not decided. It is pointed out that as per the provisions Page 1 of 3 Downloaded on : Thu Mar 11 04:11:45 IST 2021 C/SCA/15860/2020 ORDER contained in Section 14 of the SARFAESI Act, respondent No.2 is required to decide the said application and pass suitable orders for the purpose of taking possession of the secured assets maximum within 60 days from the date of such application. However, till date, the application filed by the petitioner has not been decided.

3.1 At this stage, it is pointed out by the learned advocate for the petitioner that in similar type of matters, this Court has considered the grievance of the concerned petitioner and directed the concerned District Magistrate to decide the application filed under Section 14 of the SARFAESI Act. Learned advocate for the petitioner has referred the said orders, which are placed on record. It is, therefore, urged that appropriate direction be issued to respondent No.2.

4. I have considered the submissions canvassed by the learned advocate for the petitioner. I have also perused the material placed on record including the orders passed by the co­ordinate Bench of this Court as well as the provisions contained in the SARFAESI Act.

5. In the facts and circumstances of the present case, respondent No.2 District Magistrate, Ahmedabad, is directed to adhere to the time limit prescribed in the provisions of the SARFAESI Act and take appropriate decision on the application filed by the petitioner as expeditiously as possible and not later than 30 days from the date of receipt of this order.

6. With the aforesaid direction, the petition stands disposed of. Direct Service is permitted.

(VIPUL M. PANCHOLI, J) piyush Page 3 of 3 Downloaded on : Thu Mar 11 04:11:45 IST 2021