Noble Co-Operative Bank Limited v. State of U.P. and 5 Others

Court No. - 1 Case :- MATTERS UNDER ARTICLE 227 No. - 9069 of 2023 Petitioner :- Noble Co-Operative Bank Limited Respondent :- State Of U.P. And 5 Others Counsel for Petitioner :- Gyanesh Kumar,Ashutosh Mishra Counsel for Respondent :- C.S.C. Hon'ble Jayant Banerji,J.

¶1Learned counsel for the petitioner prays for and is permitted to delete the names of the State of Uttar Pradesh and the District Judge from the array of parties mentioned in this petition, and to renumber the other respondents accordingly, during course of the day.

¶2The office is directed to correct the computer and other records accordingly.

¶3It is stated by the learned counsel for the petitioner that an application under Section Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (in short 'SARFAESI Act'), was filed in the court of the Chief Judicial Magistrate on 01.03.2023 by the petitioner, which is yet to be decided and this petition has been filed seeking a direction for expeditious disposal of the aforesaid application.

¶4It is stated by the learned counsel for the petitioner that given the provisions in sub-section (1) of Section 14 of the SARFAESI Act, a direction be issued to decide the application filed by the petitioner.

¶5Section 14(1) of the SARFAESI Act provides that the Chief Metropolitan Magistrate or the District Magistrate is mandated to decide an application within thirty days with a conditional extension not exceeding sixty days.

¶6In view of the aforesaid provisions of the Act, I am of the opinion that no further direction is required.

¶7The petition is, accordingly, disposed of. Order Date :- 5.12.2023 SK (Jayant Banerji, J.) High Court of Judicature at Allahabad