Solapur Janata Sahakari Bank Ltd Through Its Manager D K Agaldivate v. The Stat Of Maharashtra Through District Magistrate Aurangabad

1 WP 13218-2017

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

BENCH AT AURANGABAD WRIT PETITION NO.13218 OF 2017 Solapur Janata Sahakari Bank Ltd. Through Its Manager D. K. Agaldivate

...Petitioner

Versus

The State of Maharashtra through District Magistrate Aurangabad

...Respondent

---- Mr. S. R. Deshpande, Advocate for petitioner Mr. A. R. Kale, AGP for respondent / State ---- CORAM : R. M. BORDE & SMT. VIBHA KANKANWADI. JJ.

DATE : 13-11-2017 PER COURT :

1.

The petitioner is seeking for issuance of the directions to the respondent District Magistrate to take decision on the application tendered by petitioner under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 in Securitisation Application No. 36 of 2017. 2.

The proviso to Sub-section 1 (ix) provides for period of 30 days for disposal of the application by the District Magistrate or the Chief Metropolitan Magistrate as the case may be, after presentation of the

2 WP 13218-2017 affidavit and after meeting the satisfaction as regards the contents thereof. It is contended that, in the instant matter the mandate of Section 14 has not been observed and as such appropriate direction be issued to the District Magistrate to decide the application. 3.

Considering the submissions as referred to above, instant petition stands disposed of with a direction to District Magistrate to observe the mandate of proviso Sub-section 1 (ix) of Section 14 of Securitisation Act, 2002, and take appropriate decision in the application expeditiously and within time stipulated. [SMT. VIBHA KANKANWADI] [R. M. BORDE] JUDGE JUDGE vjg/-.