DCB BANK LIMITED Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) The relief sought for in the present writ petition is for an appropriate direction to the respondent No.2 to take an appropriate decision under Section 14 of the Sarfaesi Act of 2002 at the earliest.

(2.) According to the petitioner they are secured creditor in respect of the industrial property that situates in a portion of Khasra No.401/8, Old PH No.6 and PH No.19 mesuring 99138 square feet at Sinodha RNM Tilda Distt-Raipur, Residential property located at Khasra No. 248 PH15, Sheet No.3, Plot No. 92, measuring 2430 Sqft., Gandhi Chowk, Bazarpara, Tilda Distt. Raipur, Residential property located at Khasra No. 247/2,PH No.18, Sheet No.3 Plot No.64 & 65 measuring 2772 sqft. Near Gandi Chowk, Bazarpara, Tilda Distt. Raipur. According to the petitioner they had already issued a notice under Section 13(2) and Section 13(4) to the borrowers and subsequently they had moved an application under Section 14 along with an affidavit with 9 points as is required under proviso Clause 2 Section 14(1) On 28.03.2019. But till date respondent No.2 has not passed any final order on the said application. Further grievance of the petitioner is that petitioners having moved an application under Section 14 the Magistrate has issued notice to the borrower which is not otherwise required as per the Proviso of Section 14 and by issuance of notice to the borrowers the matter is getting lingered on unnecessarily and therefore an appropriate direction be given to respondent No.2 to decide the matter at the earliest.

(3.) To this limited grievance that petitioner has raised counsel for the State does not have any objection.