LAWS(GJH)-2023-8-29

PUNJAB NATIONAL BANK Vs. STATE OF GUJARAT

Decided On August 21, 2023
PUNJAB NATIONAL BANK Appellant
V/S
STATE OF GUJARAT Respondents

JUDGEMENT

(1.) By way of this petition, the petitioner has prayed for the following relief/s:

(2.) Learned advocate Mr. Vivek Sevak states that the petitioner bank has already preferred an application being Misc. Application No.116 of 2022 under Sec. 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the 'SARFAESI Act' for short) before the District Magistrate, Vadodara on 28/2/2022 against Mr. Kuldip Laxmanbhai Patel and Laxmanbhai Mohanbhai Patel. He submitted that though the application was preferred under Sec. 14 of the SARFAESI Act and though third proviso to Sec. 14 of the SARFAESI Act specifically provides that the District Magistrate should decide such application within a period not exceeding and aggregating 30 days, the aforesaid application has remained pending before the learned District Magistrate at Vadodara. He, therefore, prays for appropriate direction to the District Magistrate, Vadodara before whom Misc. Application No.116 of 2022 is pending.

(3.) Heard learned advocate Mr. Sevak and also perused the record of the petition.