Idbi Bank v. The District Magistrate, South 24 Paraganas And ORS

AD-15 Ct No.09 22.01.2024 TN WPA No. 9385 of 2023 IDBI Bank Vs.

The District Magistrate, South 24 Parganas and others Mr. Somdutt Bose .... for the petitioner Mr. S. Mukherjee .... for the respondent nos.2 to 4 1.

The present writ petition has been preferred for early disposal of an application pending at the behest of the petitioner-Bank under Section 14 of the SARFAESI Act, 2002.

2.

Affidavit-of-service filed today be kept on record, which indicates good service. Although an adjournment is prayed for on behalf of the private respondents, in view of the innocuous nature of the prayer made and keeping in view the fact that the application under Section 14 has been kept pending inordinately beyond the outer limit as statutorily provided, the matter is taken up for hearing.

3.

On query of court, learned counsel for the petitioner submits that there is no pending application under Section 17 of the SARFAESI

Act, 2002 and/or any other impediment in law to pass the direction as prayed for in the present writ petition.

4.

Accordingly, WPA No. 9385 of 2023 is disposed of by directing the respondent no.1, that is, the District Magistrate, South 24 Parganas to dispose of the pending application of the petitioner under Section 14 of the SARFAESI Act, 2002 against the private respondents as expeditiously as possible, positively within three weeks after communication of this order to the respondent no.1 by acting on a server copy of this order without insisting upon prior production of a certified copy thereof.

5.

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.)