Vipul M. Pancholi, J.:— By way of the present petition, which is filed under Article 226 of the Constitution of India, the petitioner Bank has prayed that respondent No. 2 District Magistrate be directed to pass an appropriate order in Application No. 230 of 2020 filed by the petitioner under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (‘SARFAESI Act’ for short) against Bhupendra Jayvir Singh Yadav, as expeditiously as possible.
2. Heard learned advocate Mr. Sevak appearing for the petitioner and learned Assistant Government Pleader Mr. Ronak Raval for the respondent State.
3. The main grievance of the petitioner in the present petition is that though the petitioner has filed an application under Section 14 of the SARFEASI Act on 06.10.2020, the said application is till date not decided. It is pointed out that as per the provisions contained in Section 14 of the SARFAESI Act, respondent No. 2 is required to decide the said application and pass suitable orders for the purpose of taking possession of the secured assets maximum within 60 days from the date of such application. However, till date, the application filed by the petitioner has not been decided.
4. At this stage, it is pointed out by the learned advocate for the petitioner that in similar type of matters, this Court has considered the grievance of the concerned petitioner and directed the concerned District Magistrate to decide the application filed under Section 14 of the SARFAESI Act. Learned advocate appearing for the petitioner has referred the said orders, which are placed on record. It is, therefore, urged that appropriate direction be issued to respondent No. 2.
5. I have considered the submissions canvassed by the learned advocate for the petitioner. I have also perused the material placed on record including the orders passed by the co-ordinate Bench of this Court as well as the provisions contained in the SARFAESI Act.
6. In the facts and circumstances of the present case, respondent No. 2 District Magistrate, Ahmedabad, is directed to adhere to the time limit prescribed in the provisions of the SARFAESI Act and take appropriate decision on Application No. 230 of 2020 filed by the petitioner under Section 14 of the SARFAESI Act against Bhupendra Jayvir Singh Yadav, as expeditiously as possible and not later than 30 days from the date of receipt of this order.
7. With the aforesaid direction, the petition stands disposed of. Direct Service is permitted.