JANA SMALL FINANCE BANK LIMITED v. MR. HEMANT SONI S/O MR. LAL CHAND SONI
CW/25/2025 · 2025-02-03
Mahendar Kumar Goyal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35144 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35144 (RAJ) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
[2025:RJ-JP:4573] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Civil Writ Petition No. 25/2025 Jana Small Finance Bank Limited, Having Its Branch Office At 101-102, First Floor, Guman Tower, National Handloom Ke Samne, Vaishali Nagar, Jaipur (Raj.). 302001, Through Authorized Officer Mr. Gaurav Kumar Vyas. ----Petitioner/Applicant Versus
1. Mr. Hemant Soni S/o Mr. Lal Chand Soni, Address- Nimod Hariji, Nimod, Kota, (Raj.)- 325201. And Khasra No. 952, Misal No. 195, Patta No. 01747, Gram Nimod (Hariji), Panchayat Samiti Sultanpur, District Kota, (Raj.) -
323501. ----Respondent/Borrower
2. Mr. Lalchand Soni S/o Mr. Ram Kalyan Soni, Address- Nimod Hariji, Nimod, Kota (Raj.) 325201 And Khasra No. 952, Misal No. 195, Patta No. 01747, Gram Nimod (Hariji), Panchayat Samiti Sultanpur, District Kota, (Raj.) -
323501. ----Respondent/Co-borrowers For Petitioner(s) : Mr. Peush Nag For Respondent(s) :
HON'BLE MR. JUSTICE MAHENDAR KUMAR GOYAL
Order 03/02/2025 This writ petition is filed for a direction to the District Magistrate, Kota to decide an application filed by the petitioner under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for brevity, “the Act of 2002”).
Learned counsel for the petitioner submits that it has filed an application under Section 14 with the District Magistrate, Kota way
[2025:RJ-JP:4573] (2 of 2) [CW-25/2025] back on 09.02.2024 which is yet to be decided. Inviting attention of this Court towards the provisions of Section 14, learned counsel submits that the maximum period permissible for deciding such application is 30 days which can be extended for a further period of 30 days for reasons recorded in writing that the application could not be decided within the 30 days for the reasons beyond his control. He, therefore, prays that the respondents be directed to decide its application expeditiously. This Court has no qualms with the proposition propounded by the learned counsel for the petitioner. However, there is no material on record to show that after moving the application, the petitioner has ever requested the District Magistrate to decide the same within the time limit prescribed under Section 14. In view thereof, this writ petition is disposed of with a liberty to the petitioner to approach the District Magistrate, Kota, seeking expeditious disposal of the application filed by it under Section 14 of the Act of 2002 who shall decide it in accordance with law taking into consideration the mandatory provisions contained under Section 14.
(MAHENDAR KUMAR GOYAL),J GAURAV/49