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2025 DAILYLAW 18190 (CHH)

CANARA BANK v. M/S A.R. INDUSTIRES

WPC/2029/2025 · 2025-04-24

Shri Amitendra Kishore Prasad

body2025

Judgment text

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1 2025:CGHC:18633 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR WPC No. 2029 of 2025 1 - Canara Bank Through The Authorized Officer Shri Prem Kishor Gupta, Regional Office Raipur, Plot No. 45, Sector 24, Nawa Raipur Atal Nagar, Distt. Raipur (C.G.)- 492018 ... Petitioner(s) versus 1 - M/s A.R. Industires Proprietor- Smt. Samroon Nisha, W/o Abdul Gaffar, R/o- 565, Kavilash Nagar, Near Shiv Mandir, Birgaon, Raipur (C.G.)- 492001 2 - District Magistrate Raipur Collectorate Premises, Kutchery Chowk, Raipur, Chhattisgarh- 492001 ... Respondent(s) (Cause-title taken from Case Information System) For Petitioner : Mr. Akash Gupta, Advocate For State/Respondent/s : Ms. Anuja Sharma, Panel Lawyer Hon'ble Shri Justice Amitendra Kishore Prasad Order on Board 24/04/2025 1. Heard Mr. Akash Gupta, learned counsel for the petitioner as well as Ms. Anuja Sharma, Panel Lawyer for the State/respondent/s. 2. The petitioner has filed this petition with the following relief/s : “1. That, to issue a writ of mandamus directing the Respondent No.2 to Digitally signed by SHAYNA KADRI 2 decide the pending application of the petitioner under Section 14 of the Act, 2002 within a stipulated time. 2. To grant any other relief(s)/order(s)/direction(s) in favour of Petitioner, which may deem fit and proper in the facts and circumstances of the case, in the interest of justice.” 3. Learned counsel for the petitioner submits that the petitioner-Bank has moved an application under Section 14 of the the SARFAESI Act, 2002, however, the application is pending since 14.11.2022 and though the case is listed for hearing on several dates, the same has still not been decided. 4. The argument advanced by the learned counsel for the petitioner has not been disputed by the learned counsel for the respondent- State. 5. Considering the facts and circumstances of this case, the District Magistrate – Raipur is directed to consider and after due verification and scrutiny of the claim of the petitioner, decide the same in an expeditiously manner within a outer limit of 60 days from the date of receipt of the copy of this order. 6. With the aforesaid observation(s) and direction(s), the present petition stands disposed of. Sd/- (Amitendra Kishore Prasad) Judge Shayna