DCB BANK LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) In this petition under Article 226 of the Constitution of India, the prayer of the petitioner is that the respondent Collector and District Magistrate, Rajkot is not deciding the application dated 30.04.2018 filed against the borrower Rajesh Dhirajlal Premani under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ('SARFAESI Act' for short) though the statute specifies the particular time limit within which such application has to be decided.

(2.) Learned counsel for the petitioner places reliance on the order passed by this Court on 05.09.2019 in Special Civil Application No.13486 of 2019 in which this Court has given specific direction to the Collector to take a decision within a stipulated time. The said order reads as under:

(3.) Learned advocate for the petitioner further points out that even this Court on the earlier occasion has passed similar order in Special Civil Application No.5309 of 2019 where similar directions were issued.