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Bombay High CourtWP/3676/2019disposed off

Punjab National Bank v. The Registrar Debt Recovery Tribunal,Pune And ANR

2019-12-17Hon'Ble The Chief Justice,Hon'Ble Smt. Justice Bharati Dangre2 pages

(15)-WPL-3519-19.doc.

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION (L) NO.3519 OF 2019 Punjab National Bank ..Petitioner

Versus

The Registrar, Debt Recovery Tribunal, Pune & Anr.

..Respondents Ms. Savita Nagar a/w Advait Govind i/by Law Focus, Advocates for the Petitioner.

Mr. Puneet Gogad, Advocate for Respondent No.2. CORAM : PRADEEP NANDRAJOG, C.J. & SMT. BHARATI DANGRE, J.

DATE : 17th DECEMBER, 2019 P.C.

1] The Petitioner obtained an order under Section 14 of the SARFAESI Act, 2002 from the learned District Magistrate on 14.12.2013 having a rider therein that the same should be executed within one year. The Petitioner did not execute the order within one year and when it attempted to take possession of the secured asset, the Respondents filed SA No.218 of 2016 in which on 09.11.2016 learned DRT-I, Mumbai granted an interim stay on the reasoning that an order validity whereof of one year was sought to be enforced after one year.

2] The Petitioner filed another application before the learned District Magistrate, Thane thereafter pleading that another order BGP.

(15)-WPL-3519-19.doc.

under Section 14 of the SARFAESI Act, 2002 be issued and obtained the order on 23.12.2016. The Petitioner landed up with the problem when said order was stayed by the DRT-I, Mumbai vide impugned order dated 05.03.2019. The ad-interim order dated 05.03.2019 is continuing till date and the grievance of the Petitioner is that learned DRT-I, Mumbai is not expeditiously deciding SA No.38 of 2019. 3] Learned counsel for the Petitioner states that the defaulted amount be is over 80 Crores.

₹ 4] We dispose of the Writ Petition directing DRT-I, Mumbai to decide SA No.38 of 2019 latest by 31st January 2020. 5] Circulation/Praecipe filed for urgent hearing shall be taken up on the day it is filed before the DRT-I, Mumbai. Balaji G.

Panchal Balaji G. Panchal Date: 2019.12.17 16:37:08 +0530 SMT. BHARATI DANGRE, J CHIEF JUSTICE BGP.