Case Title: HDFC Bank Limited v. Choudhary Brothers, and Others
Date of Decision: 2nd September, 2023
S.B. Civil Writ Petition No. 12516/2023
Presiding Judge: Hon’ble JUSTICE Pushpendra Singh Bhati
Introduction:
The case involves HDFC Bank Limited as the petitioner, seeking relief under Article 226 of the Constitution of India. The petitioner filed this writ petition in relation to an application made under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act (SARFAESI), 2002.
Facts:
The petitioner, HDFC Bank Limited, filed an application under Section 14 of SARFAESI Act, 2002, before the respondent No. 5 District Collector, Bikaner, on 23rd October 2018. In this application, HDFC Bank requested the possession of immovable property mortgaged by the respondents (borrowers) to be handed over to the bank or its authorized representative.
Judgment:
The Court referred to a similar case, ICICI Bank Ltd. vs. M/s. National Steel Corporation & Ors (S.B. Civil Writ Petition No. 4529/2019), where it was directed that the District Collector should pass necessary orders under Section 14 of the SARFAESI Act, 2002, within 30 days from the date of the court order, strictly in accordance with the law. In light of this precedent, the present writ petition was disposed of with a direction to the District Magistrate, Hanumangarh, to pass necessary orders under Section 14 of the SARFAESI Act, 2002, within 30 days from the date of receiving a certified copy of the order.
Additionally, the stay petition filed in this matter was also disposed of accordingly.
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Written by Yagya Agarwal
