Gujarat High Court
Iifl Home Finance Limited vs District Magistrate Ahmedabad on 31 August, 2020
Author: A.Y. Kogje
Bench: A.Y. Kogje
C/SCA/9916/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/SPECIAL CIVIL APPLICATION NO. 9916 of 2020
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IIFL HOME FINANCE LIMITED
Versus
DISTRICT MAGISTRATE AHMEDABAD
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Appearance:
MR CR ABICHANDANI(2421) for the Petitioner(s) No. 1
MR DHAWAN JAYSWAL, AGP for the Respondent(s) No. 1,2,3
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CORAM: HONOURABLE MR. JUSTICE A.Y. KOGJE
Date : 31/08/2020
ORAL ORDER
1. This petition is filed under Article 226 of the Constitution of India for issuance of writ to declare communication dated 17.06.2020 as bad, illegal, unjust, improper, arbitrary and against the provision of the statute. It is further prayed for the direction to the respondent authority to extend necessary assistance/ protection for the purpose of taking over physical possession of the mortgage property by the office of the Collector and District Magistrate, Ahmedabad dated 09.01.2019 under Section 14 of The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002.
2. At the outset, the Court is of the view that as the prayer clause is with regard to the issuing direction to the respondent no.3 Police Authority to answer the communication of the petitioner dated 04.02.2020 on which the impugned communication is issued, prima facie it would be for the Criminal Court to deal with the situation however, considering the lapse of time after the order of Page 1 of 2 Downloaded on : Mon Aug 31 22:35:02 IST 2020 C/SCA/9916/2020 ORDER the District Magistrate dated 09.01.2019, learned advocate for the petitioner states that it was the obligation of the District Magistrate to pursue as per the provisions of law its own order and get it executed if needed by the Police Authorities. It is therefore requested that despite the prayer made in the present petition, the petitioner requests to direct the District Magistrate and Collector to pursue its own direction contained in order dated 09.01.2019, the petitioner would like to pursue once again the same authority.
3. In view of the aforesaid, the petition stands disposed of with a direction that the petitioner shall pursue the Office of Collector and District Magistrate, Ahmeddabad in proper execution of its own order dated 09.01.2019 which is an order under Section 14 of The Securitisation And Reconstruction Of Financial Assets And Enforcement Of Security Interest Act, 2002 in connection with properties mentioned in order dated 09.01.2019. Any application made by the petitioner in that regard may be decided by the respondent no.1 expeditiously and preferably within a period of one month of such application.
Over and above the regular mode of service, Direct service through e-mail is also permitted.
(A.Y. KOGJE, J) CAROLINE/URIL Page 2 of 2 Downloaded on : Mon Aug 31 22:35:02 IST 2020