L And T Hsg Finance Ltd. Through Its Authorised Officer And ORS. v. The State Of Maharashtra Through Assistant Govt. Pleader And ANR.

WP.645-2017 Dond

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 645 OF 2017 L & T Housing Finance Limited .

...Petitioner

Vs.

The State of Maharashtra & Anr..

...Respondents.

----- Ms. Priyanka S. Fadia i/b Uma Fadia for Petitioner. Mr. V.N. Sagare, AGP for State.

----- CORAM: R.M. BORDE AND A.S. GADKARI, JJ.

DATE: 23 JANUARY 2017.

P.C.:

In view of the amended provision incorporated in Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcements of Security Interest (SARFESAI) Act i.e. clause (ix) of subsection (1) of Section 14 of the SARFAESI Act, the second proviso the obligation is cast upon the Chief Metropolitan Magistrate or District Magistrate to dispose of the application within a period of 30 days and in case the application could not be disposed of, for the reasons beyond his control, he may after recording the same in writing, pass the order within

WP.645-2017 such further period, but not exceeding in aggregate 60 days. It is expected of the Chief Metropolitan Magistrate or District Magistrate to abide of by the mandate of law.

In view of above, the writ petition stands disposed of with directions to Chief Metropolitan Magistrate to make endevour to dispose of the pending application as expeditiously as possible and preferably within 30 days from the date of receipt of writ along with this order. (A.S. GADKARI,J.) (R.M. BORDE, J.)