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HIGH COURT OF RAJASTHAN (JODHPUR BENCH)
Mr. Justice Vinit Kumar Mathur, J
Aavas Financiers Limited – Appellant
Versus
Kamali Devi – Respondent
ORDER :
VINIT KUMAR MATHUR, J.
1. Learned counsel for the petitioner submits that issue involved in this writ petition has been considered by a Coordinate Bench in the matter of ICICI Bank Ltd. Vs. M/s. National Steel Corporation & Ors – S.B. Civil Writ Petition No.4529/2019, wherein following order was passed on 26.03.2019:-
“1. Petitioner has preferred this writ petition under Article 226 of the Constitution of India claiming the following reliefs :-
“a) by an appropriate writ, order or direction, this petition for writ in the nature of mandamus filed by the petitioner Bank may kindly be allowed.
b) by an appropriate writ, order or direction, the respondent No.5 District Collector – cum – District Magistrate, Bikaner may kindly be directed to adhere to the provisions of Section 14 provided by the Amendment Act 2016 and pass an appropriate order under Section 14 of the SARFAESI Act, 2002 in relation to the misc. case (Section 14 of SARFAESI Act)No.139/2018 titled as “ICICI Bank Limited Vs.M/s. National Stell Corporation & Ors.” with immediate effect.”
2. Learned counsel for the petitioner makes a limited submission that the petitioner-Bank moved an application under Section 14 of the Se
The court mandated that the District Magistrate must pass orders under Section 14 of the SARFAESI Act within 30 days, emphasizing the importance of adhering to statutory timelines.
Section 14 of the SARFAESI Act, 2002 mandates the District Collector to pass necessary orders within 30 days from the date of application by the secured creditor.
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