Pnb Housing Finance Limited v. State Of West Bengal And ORS.

D/L. 20.

August 22, 2023.

MNS.

WPA No. 3046 of 2023 PNB Housing Finance Ltd.

Vs.

The State of West Bengal and others Ms. Soni Ojha, Ms. Sonia Nandy ... for the petitioner.

Ms. Sonal Sinha, Mr. Shourya Vir Das, Mr. Avijit Sarkar ...for the State.

Affidavit-of-service filed in Court today be kept on record.

Despite service, none appears for the respondent no.3-borrower, although the State and the petitioner are represented through counsel.

The grievance of the petitioner is that the petitioner's application under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (SARFAESI Act, 2002) is pending since March, 2022.

Heard learned counsel for the appearing parties.

Since the statutory period is long over, being sixty days from the date of filing of an application under Section 14 of the SARFAESI Act, 2002, but the application of the petitioner has not yet been disposed of, it is desirable that the same shall be disposed of by the District Magistrate within a limited period.

Accordingly, WPA No. 3046 of 2023 is allowed, thereby directing the respondent no. 2, that is, the District Magistrate, to dispose of the pending application of the petitioner under Section 14 of the SARFAESI Act, 2002 against the respondent no. 3 as expeditiously as possible, positively within three weeks from date. There will be no order as to costs.

Urgent photostat certified copies of this order, if applied for, be made available to the parties upon compliance with the requisite formalities.

(Sabyasachi Bhattacharyya, J.)