SHRIRAM HOUSING FINANCE LIMITED Vs. NATWAR MAGANBHAI SOLANKI

JUDGEMENT

(1.) Heard learned advocate Mr. D.V. Kansara for the petitioner and learned Assistant Government Pleader Mr. Rashesh Rindani who appears for respondent no.5 on advance copy of petition being served upon him.

(2.) The petitioner - Finance Company has filed the present petition seeking direction against the respondent no.-5 District Magistrate, Vadodara, to pass appropriate order in the application of the petitioner - Company filed under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act , 2002. It is further prayed against the District Magistrate to direct the District Magistrate to take possession of the mortgaged property in question and to ensure that necessary assistance is rendered to the petitioner as a secured creditor in seeking the possession.

(3.) The application under Section 14 of the Act was undisputedly filed on 14.09.2017. The Proviso to Sub-section 5 of Section 14 of the Act contemplates due limit of 60 days with the District Magistrate to finally decide the application under Section 14 of the Act. The said period is over since the filing of the application, therefore, the limit prescribed in law is over.