State Bank Of India, Nagpur Through Asst. General Manager v. The State Of Maharashtra Through Secretary, Ministry Of Finance, Mumbai And Others

1 18-WP-591-2020.odt

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH, NAGPUR WRIT PETITION NO. 591 OF 2020 (STATE BANK OF INDIA, thr. one of its Asst. General Manager Vs. The State of Maharashtra & Ors.) Office Notes, Office Memoranda of Coram, appearances, Court's orders of directions Court's or Judge's order and Registrar's orders.

Shri M. Anilkumar Shankarlal, Advocate for the petitioner. Shri D.P. Thakare, Additional Government Pleader for respondent Nos. 1 to 3/ State. CORAM : A. S. CHANDURKAR AND M.W. CHANDWANI , JJ.

D ATE : OCTOBER 17 , 202 2 .

The learned Counsel for the petitioner merely seeks expeditious consideration of the proceedings pending before the Debts Recovery Tribunal that have been filed at the instance of the borrower. We find that under the provisions of Section 17(5) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "the said Act"), the proceedings are to be disposed of expeditiously as per the time limit prescribed by the Tribunal. It is expected that the Tribunal shall consider the mandate of Section 17(5) of the said Act and decide the proceedings especially since it is noted that the pleadings of the parties are complete.

It is informed that presently, an interim order has been issued by the Tribunal. In case the said interim order is not continued further, appropriate steps under Section 14 of the said Act can be pursued by the petitioner and appropriate directions in that regard can be issued by the Tribunal. The Writ Petition is disposed of.

(M.W. CHANDWANI, J.) (A. S. CHANDURKAR, J.) SUMIT AGRAWAL