Edelweiss Asset Reconstruction Company Limited v. The Union Of India

vina k.

1 sr.908.wp.503.2017.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 503 OF 2017 Edelweiss Asset Reconstruction Company Limited, Kalina, Mumbai ... Petitioner V/s.

The Union of India, through the District Magistrate, Dadra & Nagar Haveli.

... Respondent ...

Mr. Nikhil Rajani i/b. M/s. V. Deshpande and Co. for the petitioner. Mr. Shrishailya S. Deshmukh for respondent no.1. ...

CORAM : R. M. BORDE & A. S. GADKARI, JJ.

DATE : 24 JANUARY, 2017.

P.C. :

.

The petitioner is praying for issuance of directions to the District Magistrate, Dadara Nagar before whom an application was tendered by the petitioner under section 14 which is stated to be pending. The said application was presented on 24 October 2013. However, the same has not been dealt with by the District Magistrate. 2.

The second proviso to section 14(1) mandates the District Magistrate or the Chief Metropolitan Magistrate, as the case may be, to decide the application within a period of 30 days. In the event, the Chief Metropolitan Magistrate or the District Magistrate, as the case may be, is

vina k. sr.908.wp.503.2017.doc unable to decide the application within a period of 30 days for the reasons beyond his control then after recording the reasons in writing for the same, the Authority is mandated to pass the order within a period of 60 days from the date of presentation of the application. 3.

In view of the mandate of law required to be observed by the District Magistrate and in view of above, we direct the District Magistrate to dispose of the application within a period of 30 days from date of receipt of writ of this Court.

4.

The writ petition is accordingly disposed of. (A. S. GADKARI, J.) (R. M. BORDE, J.)