Back
IN THE HIGH COURT OF MADHYA PRADESH
Sujoy Paul, Prakash Chandra Gupta, JJ.
Bank of Baroda – Appellant
Versus
District Magistrate Chhindwara & Ors. – Respondents
Writ Petition No. 29506 of 2022
Decided On : 20-12-2022
Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 - Execution of Order
Fact of the Case:
The petitioner seeks execution of an order passed by the Collector under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
Finding of the Court:
The court directs respondent No.2 to comply with the order within 45 days, provided it is not annulled, set aside, stayed, or interfered with by any Court of competent jurisdiction.
Issues: Execution of order under Section 14 of the Act
Ratio Decidendi: The court's decision is based on the requirement for respondent No.2 to comply with the order within a specified timeframe, subject to the absence of annulment, setting aside, stay, or interference by a competent court.
Final Decision: The petition is disposed off with the direction for compliance with the order within 45 days, subject to the specified conditions.
JUDGMENT
Sujoy Paul, J. - With the consent finally heard.
2. Petitioner seeks execution of order dated 08.03.2022 (Annexure P/3) passed by Collector, Chhindwara in exercise of power under Section 14 of Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
3. Learned Government Advocate submits that if the said order is not annulled, modified or stayed by any Court of competent jurisdiction, the order will be complied with.
4. Considering the aforesaid, petition is disposed off by directing respondent No.2 to comply with the order dated 08.03.2022 (Annexure P/3) within 45 days from the date of production of copy of this order provided said order dated 08.03.2022 is not annulled, set aside, stayed or interfered with by any Court of competent jurisdiction.
5. The petition stands disposed off.
Compliance with the order under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002.
A petition under Article 226 for police protection and enforcement of a warrant is resolved when possession is successfully delivered under the SARFAESI Act.
The High Court may direct the Debts Recovery Tribunal to expedite the disposal of a pending securitization application when parties seek an early resolution of enforcement actions under the SARFAESI ....
The court dismisses the writ petition for non-prosecution due to lack of interest shown by the petitioner and non-compliance with court orders.
Writ petition dismissed for non-prosecution due to petitioner's absence and non-compliance with interim order.
The Court has the discretion to provide temporary relief in urgent situations, considering the circumstances and the petitioner's approach.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
