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2024 Supreme(Online)(MP) 35091

HIGH COURT OF MADHYA PRADESH
Asset Reconstruction Company [India] Limited – Appellant
Versus
The State Of Madhya Pradesh – Respondent


Advocates:
Priyankush Jain,Advocate General

ORDER

This petition filed under Article 227 of the Constitution assails rejection of an application filed by petitioner/Company u/S.14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest, 2002 (for brevity "SARFAESI Act,2002") by District Magistrate, Jabalpur on 14.09.2011 in Case No.494/B-121/2010-2011. 2. Learned counsel for petitioner pleads no instructions.

3. Bare perusal of impugned order (Annexure P/1) reveals that said application was rejected due to default of petitioner/company to publish notice in the daily newspaper despite grant of various opportunities by the District Magistrate. Thus, the said application was dismissed for the said default with liberty to revisit the Court of District Magistrate, Jabalpur by filing a fresh application u/S.14 of SARFAESI Act.

4. Aforesaid order was passed more than 12 to 13 years ago and therefore cause raised herein appears to have become infructuous.

5. In view of above, this Court deems it appropriate not to proceed with the matter and dismisses this petition as having become infructuous.

6. Accordingly, the petition stands dismissed as having rendered infructuous.

(SHEEL NAGU) (VINAY

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