Bank Of Baroda vs State Of Gujarat

Ashutosh J. Shastri, J

This petition under Article 226 of the Constitution of India is filed for the purpose of seeking the following reliefs :-

“7(A) This Hon’ble Court may be pleased to admit and allow this petition;

(B) This Hon’ble Court may be pleased to issue appropriate writ, order or direction and thereby be pleased to direct the respondent no. 2 â€

Chief Metropolitan Magistrate Court, Ahmedabad, to decide and dispose off, expeditiously within a period of two weeks, the application under Section

14 of the SARFAESI Act, 2002, filed on 29.08.2020 by the petitioner bank before the said respondent no. 2 â€" Chief Metropolitan Magistrate Court

at Ahmedabad, being matter between Bank of Baroda v. M/s. Shubhmangal Exim Pvt. Ltd., & Ors. (Annexure-C);

(C) This Hon’ble Court may be pleased to pass any other appropriate order as deemed fit, in the interest of justice.â€​

The grievance on the part of the petitioner is that though application under Section 14 of the Securitisation and Reconstruction of Financial Assets

and Enforcement of Security Interest Act, 2002 (hereinafter referred to as the “SARFAESI Actâ€) is given by the petitioner way back in August,

2020, but yet the authority concerned has not dealt with nor has processed the application for its conclusion and as such left with no other alternative,

the petitioner has invoked extra ordinary jurisdiction of this Court.

Mr. V.M. Asodiya, learned advocate appearing for the petitioner has requested the Court that at least without expressing anything, direction in

simplicitor form be given upon the respondent â€" authority to deal with the application which has already been submitted way back in August, 2020

and has submitted that some time bound schedule be prescribed at least to be decided within maximum period of sixty (60) days from the date of such

application. For the purpose of substantiating his request, Mr. Asodiya, learned advocate for the petitioner has also brought to the notice of this Court

one of the order which has been passed by the co-ordinate Bench of this Court in Special Civil Application No. 16067 of 2019 decided on 24.09.2019

as well as other orders which have been attached to the petition compilation and has requested that appropriate direction be issued against respondent

no. 2 â€" authority to see that the application can be processed at the earliest.

As against this, Mr. Manraj Barot, learned Assistant Government Pleader appearing on an advance copy has submitted that on account of this

pandemic situation the application might not have been processed by the concerned Magistrate, however, if appropriate direction is to be given on

similar line as has been given by this Court in several other matters, there shall be no objection and the authority will abide by the directions which are

to be issued.

Thus, considering the aforesaid submissions made on behalf of the respective sides, this Court is of the opinion that the petition deserves to be

disposed of with appropriate directions, which would meet the ends of justice.

5.1. Accordingly, the petition is allowed. Respondent no.2 i.e. The Chief Metropolitan Magistrate, Ahmedabad is hereby directed to deal with the

application submitted by the petitioner on 29.08.2020 attached to the petition compilation on page 31 and shall decide the same as expeditiously as

possible, preferably within a period of thirty (30) days from the date of the receipt of this Court. It is made clear that this Court has not expressed any

opinion on merit and it is independently left it open for the concerned authority to consider the application in accordance with law.

With the aforesaid observations and directions, the petition stands disposed of.

Direct Service is permitted.