BANK OF BARODA v. THE COLLECTOR AND DISTRICT MAGISTRATE
WPC/1143/2025 · 2025-02-28
Shri Bibhu Datta Guru
Original Suitbody2025
DailyLaw.ai
[ 2025 DAILYLAW 10655 (CHH) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10655 (CHH) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
1
2025:CGHC:10022
NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 1143 of 2025 1 Bank Of Baroda Through- Its Authorised Officer, Mr. Anil Srivastava, S/o Lt. Mr. Sharda Prasad Srivastava, Aged About 51 Years, Chief Manager, R.O.S.A.R.B., Regional Office- Bank Of Baroda, Rajkishore Nagar, Bilaspur, District - Bilaspur (C.G.), Pin Code- 495006
... Petitioner(s) versus 1 The Collector And District Magistrate District - Janjgir-Champa (C.G.) 2 M/s. Anand Traders Its Proprietor - Mr. Krishna Kumar Diwakar, Address- Village - Gangajal, Tahsil- Seorinarayan, District - Janjgir- Champa (C.G.) (Borrower) 3 Mr. Krishna Kumar Diwakar S/o Mr. Sammelal Diwakar Aged About 47 Years R/o Village - Gangajal, Tahsil- Seorinarayan, District - Janjgir- Champa (C.G.) (Borrower) 4 Mr. Sammelal Diwakar S/o Mr. Dukhram Diwakar Aged About 63 Years R/o Village - Gangajal, Tahsil- Seorinarayan, District- Janjgir- Champa (C.G.) (Guarantor)
... Respondent(s) JYOTI SHARMA Digitally signed by JYOTI SHARMA Date: 2025.02.28 17:26:30 +0530
2 For Petitioner(s) : Shri Krishna Gopal Yadav, Advocate For Respondent(s)/ State : Shri Mayur Khandelwal, P.L.
Hon’ble Shri Bibhu Datta Guru, Judge
Order on Board 28/02/2025 Heard.
1. The petitioner has filed this writ petition seeking for the following relief(s);-
“10.1 This Hon'ble Court may kindly be pleased to pass an appropriate writ, order or direction to the respondent no. 01 and direct him to dispose of the pending application filed under Section 14 of SARFAESI Act accordance with law within stipulated time as mentioned in the Act. 10.2 This Hon'ble Court may kindly be pleased to grant any other relief(s)/ writ(s), order(s) in favour of the petitioner, which the Hon'ble Court deemed fit && just in the facts & circumstances of the case, including awarding of the costs to the petitioner.”
2. Learned counsel for the petitioner submits that an application under Section 14 of SARFAESI Act was filed before the Court of
3 District Magistrate – Janjgir, District- Janjgir – Champa C.G. which is still pending consideration. He submits that according to the provisions of SARFAESI Act, the same shall be concluded within a period of 30 days from the date of presentation of the application and till date the same has not been decided. He submits that similar issue has come up before this Court in WPC No. 2384/2024 (Canara Bank Vs. The Collector and District Magistrate and 3 Ors.) and this Court vide its order dated 02.05.2024 directed the District Magistrate to conclude the proceedings under Section 14 of SARFAESI Act within a further period of 30 days from the date of the receipt of copy of this
order and this case is squarely covered by that order.
3. Learned counsel for the State could not dispute the same and submits that similar order can be passed.
4. In view of the above, this writ petition is disposed of at this stage and respondent No. 1 is directed to decide the application of the petitioner filed under Section 14 of SARFAESI Act within a period of 30 days from the date of the receipt of copy of this
order. Sd/-
(Bibhu Datta Guru)
JUDGE Jyoti