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2012 Supreme(Guj) 830

BHASKAR BHATTACHARYA, J.B.PARDIWALA
Consumer Protection and Analytic Committee – Appellant
Versus
State of Gujarat – Respondent


Advocates Appeared:
For the Petitioner:Mr. Vishwas K Shah With Mr. Masoom K. Shah, Advocates.
For the Respondent:Mr. P.K. Jani, Government Pleader With Ms. Krina Calla, Advocate, Mr. K.I. Shah, Advocate.

JUDGMENT :

Bhaskar Bhattacharya, J.

By this Public Interest Litigation, the writ-petitioner, which is an organisation functioning for the welfare of consumers and registered under the Gujarat Co-Operative Societies Act, 1961 and the Bombay Public Trusts Act, 1950, has prayed for a direction upon the respondent No.2, the District Magistrate, Ahmedabad, to dispose of all the applications under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [“the Securitisation Act”] by Banks and Financial Institutions within a time-bound programme strictly in accordance with the law laid down by a Division Bench of this Court in the case of IDBI Bank Ltd. v. Hytaisun Magnetics Ltd & Ors. in Special Civil Application No. 15084 of 2010 reported in AIR 2011 GUJ. 129. The petitioner has also prayed for a direction upon all Executive Magistrates/District Magistrates that applications under section 14 of the Securitisation Act should be decided in the light of the aforesaid decision of the Division Bench of this Court.

2. According to the writ-petitioner, the District Magistrate has no right to issue any notice for adjudicating the applic

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