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Bombay High CourtWP/12678/2016disposed off

Edelweiss Asset Reconstruction Company Limited (Earc) v. State Of Maharashtra

2016-12-13Hon'Ble Shri Justice A.S. Gadkari,Hon'Ble Shri Justice Anoop V. Mohta2 pages

1 /2 WP- 3121-15-01 Nalawade

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITON NO. 12678 OF 2016 Edelweiss Asset Reconstruction Co. Ltd. ..Petitioner. vs.

The State of Maharashtra and anr. ...Respondents. Mr.Rohit Gupta with Nikhil Rajani i/by V. Deshpnde &Co. for the Petitioner.

Mr. V. N. Sagare,GP. for the Respondent State. CORAM :ANOOP V. MOHTA & A.S. GADKARI, JJ.

DATE : 13th December, 2016 ORDER:

1.

On hearing the petitioner we are inclined to dispose of the present writ petition as intervenor though served not appeared before the court today again. Affidavit of service is accordingly placed on record. At this stage, in view of the change in the provisions of law, proviso to Section 14 of the Securitisation and Asset Reconstruction Company Act the requirement that learned Magistrate to pass appropriate order on such filing of application under Section 14 of the Act as early as possible preferably within 30 days and or with reasons within 60 days. The present application is filed by the petitioner on 19.9.2015 and therefore, it is desirable that the learned Magistrate to

2 /2 WP- 3121-15-01 pass the order in accordance with law considering the rival contentions and the claims of the parties as early as possible within 30 days or 60 days with reasons. Writ petition is accordingly disposed off with liberty. No Costs. All contentions are kept open.

(A.S.GADKARI, J.) (ANOOP V. MOHTA, J.)