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2023 Supreme(Chh) 463

P. SAM KOSHY
Aditya Birla Finance Limited – Appellant
Versus
District Magistrate At Raipur – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Shalvik Tiwari.
For the Respondent: P. Acharya.

ORDER :

1. The limited relief that petitioner seeks for in the present writ petition is for appropriate direction to the respondent no. 1 for an early disposal of the proceedings under Section 14 filed by the petitioner under the Sarfaesi Act of 2002.

2. According to the petitioner, they after culmination of the Section 13 proceedings has filed an application under Section 14 of the aforesaid Act of 2002 before the respondent no. 1 on 17.10.2022. However, though more than 3 months have lapsed, there is no development on the said application whereas under the Act of 2002 the application under Section 14 has to be decided by the District Magistrate within an outer limit of 60 days.

3. A similar issue came up before this Court for consideration in the case of W.P. (C) No. 766 of 2020 and this Court while deciding the said writ petition had in paragraph 4 and 5 made the following observations:

    “4. It would be relevant at this juncture to refer to a recent decision passed by this Court in W.P. (C) No. 245/2020 in the case of DCB Bank Limited vs. State of Chhattisgarh and Others decided on 05.02.2020. This Court while deciding the said writ petition in paragraphs 4, 5 and 6 has held as under

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