BANK OF INDIA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Bhargav Hasurkar, learned advocate for the petitioner and Mr. Akash Chhaya, learned Assistant Government Pleader for the respondent No.1 through video conference.

(2.) By this petition, the petitioner has prayed for direction to the respondent No.2 - District Magistrate, Ahmedabad to pass an order in Miscellaneous Application No.88 of 2019 filed by the petitioner under the provisions of Section 14 of The Securitisation and Reconstruction of Financial Assets and Enforcement of Securities Interest Act, 2002 (hereinafter referred to as the 'SARFAESI Act, 2002').

(3.) It is the case of the petitioner that since the borrower failed to pay the outstanding amount, the authorised officer of the petitioner - bank initiated measures under sub-section (4) of Section 13 of the SARFAESI Act, 2002 to take physical possession of the mortgaged property and for which, an application being Miscellaneous Application No.88 of 2019 was filed before the respondent No.2 - District Magistrate, Ahmedabad under sub-section (1) of Section 14 of the SARFAESI Act, 2002 on 14.2.2019. It is further the case of the petitioner that the learned District Magistrate, Ahmedabad has not passed any order in the said application, permitting the authorised officer of the petitioner - bank to take possession of the secured assets and hand it over to the secured creditor.