Research › Search › Judgment

High Court of Gujarat · body

2025 DAILYLAW 8919 (GUJ)

CAPRI GLOBAL CAPITAL LIMITED v. ADDITIONAL CHIEF JUDICIAL MAGISTRATE ,UNA

SCA/16996/2025 · 2025-12-15

Aniruddha P Mayee

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

C/SCA/16996/2025 ORDER DATED: 15/12/2025 IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 16996 of 2025 ========================================================== CAPRI GLOBAL CAPITAL LIMITED Versus ADDITIONAL CHIEF JUDICIAL MAGISTRATE ,UNA ========================================================== Appearance: MR DHRUVIK K PATEL(7769) for the Petitioner(s) No. 1 MR VIKAS V NAIR(7444) for the Respondent(s) No. 1 ========================================================== CORAM:HONOURABLE MR. JUSTICE ANIRUDDHA P. MAYEE Date : 15/12/2025 ORAL ORDER 1. RULE. Learned counsel for the respondent waives service of notice of rule on behalf of the respondent. 2. Heard the learned counsels for the parties. 3. Learned counsel for the petitioner submits that the petitioner has 昀椀led an application dated 10.07.2025 under Section 14 of the SARFAESI Act for taking possession of the mortgaged property. Learned counsel submits that the said application is still pending adjudication before the respondent. He submits that such an application ought to be decided within a period of 30 days and if no order is passed within 30 days, for the reasons recorded, the application has to be decided within a period of 60 days. He, therefore, submits that appropriate direction be passed to expeditiously decide said the application under Section 14 pending before the respondent. C/SCA/16996/2025 ORDER DATED: 15/12/2025 4. Learned counsel for the respondent submits that the said application shall be decided expeditiously and appropriate order may be passed. 5. In view of the provisions of Section 14 of the SARFAESI Act, the time period, as prescribed, has already elapsed. The respondent-Additional Chief Judicial Magistrate, Una is directed to decide the application of the petitioner dated 10.07.2025 within a period of FOUR WEEKS from the date of receipt of this order. 6. With the aforesaid directions, the present stands DISPOSED OF. Rule is made absolute to the aforesaid extent. Direct Service is permitted. (ANIRUDDHA P. MAYEE, J.) cmk Original copy of this order has been signed by the Hon'ble Judge. Digitally signed by: CHANDRASHEKHAR MAHESHKUMAR KOSHTI(HC01066), Principal Pvt. Secretary, at High Court of Gujarat on 15/12/2025 14:45:56