SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

B.R.GAVAI, SANDEEP K.SHINDE
Capital First Ltd. – Appellant
Versus
State of Maharashtra – Respondent


Counsel for the Parties:
For the Petitioner:Dr. Birendra Saraf with Ms. Anuja Jhunjhunwala and Madhu Gadodia i/by Naik Naik and Company, Advocates
For the Respondent No.1: Mr. H.S.Venegavkar, Additional Government Pleader
For the Respondent No.2:Mr. Rajesh S. Datar, Advocate

JUDGMENT

Sandeep K. Shinde, J.—Rule. Rule made returnable forthwith. Heard by consent.

2. The Petitioner, who is the secured creditor within the meaning of Section 2(1)(zd) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (In short ‘SARFAESI’ Act) has prayed for appropriate writ, order or direction including writ in the nature of mandamus, directing the Chief Metropolitan Magistrate, Esplanade Court, Mumbai to dispose of its application filed under Section 14 of the SARFAESI Act in time bound manner, within reasonable period as this Court may deem fit and proper.

3. The Petitioner would assert his right to get its applications decided within a time bound period in view of amended provisions of Section 14 of the SARFAESI Act whereby the Chief Metropolitan Magistrate or District Magistrate is required to pass suitable orders within 30 days from the date of application, which period could be extended not exceeding in aggregate 60 days.

4. This Court vide order dated 23.1.2017 issued directions to the Chief Metropolitan Magistrate to make endeavour to dispose of the pending application as expeditiously as possible and preferabl











































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

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

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top