Citation : 2025 Latest Caselaw 1648 MP
Judgement Date : 16 July, 2025
NEUTRAL CITATION NO. 2025:MPHC-IND:18198
1 WP-26708-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT INDORE
BEFORE
HON'BLE SHRI JUSTICE VIVEK RUSIA
&
HON'BLE SHRI JUSTICE BINOD KUMAR DWIVEDI
ON THE 16th OF JULY, 2025
WRIT PETITION No. 26708 of 2025
EQUITAS SMALL FINANCE BANK LTD. THROUGH MR. SHANU
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Karpe Prakhar Mohan - Advocate for the petitioner.
Shri Bhuwan Gautam - Govt. Advocate for the respondent / State.
ORDER
Per: Justice Vivek Rusia
This petition has been preferred by the petitioner against the inaction of Chief Judicial Magistrate, District Burhanpur (M.P.) who is not deciding the application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred as "SARFAESI Act").
02. By means of present order, the Chief Judicial Magistrate, District Burhanpur (M.P.) is directed to take note of pending proceedings under Section 14 of the SARFAESI Act, and pass an appropriate order in accordance with law and in light of the judgment passed in case of Equitas Small Finance Bank Ltd. v/s State of M.P. [2024 (1), M.P.L.J. 36].
03. Before deciding the application under Section 14 of the
NEUTRAL CITATION NO. 2025:MPHC-IND:18198
2 WP-26708-2025 SARFAESI Act, Chief Judicial Magistrate / Concerned Authority shall verify whether any proceeding / stay application is pending before the DRT or not.
04. With the aforesaid direction, this Writ Petition is disposed of.
(VIVEK RUSIA) (BINOD KUMAR DWIVEDI)
JUDGE JUDGE
Divyansh
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