BANK OF MAHARASTRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) By this application under Article 227 of the Constitution of India, the applicant has prayed for the following reliefs:

(2.) It appears that the applicant - Bank filed an application before the Additional District Magistrate at Ahmedabad under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, 'the SARFAESI Act') for the purpose of taking over the secured assets. The Additional District Magistrate, Ahmedabad, by order dated 25th September 2017, allowed the application. The operative part of the order reads as under:

(3.) Having heard the learned counsel appearing for the parties and having considered the materials on record, I have no hesitation in coming to the conclusion that the impugned order is not in accordance with the decision of the Supreme Court in the case of Standard Chartered Bank vs. V. Noble Kumar and others reported in (2013) 9 SCC 620.