Sundaram Bnp Paribas vs District Magistrate-Cum
2022 Latest Caselaw 3876 Ori

Citation : 2022 Latest Caselaw 3876 Ori
Judgement Date : 10 August, 2022

Orissa High Court

Sundaram Bnp Paribas vs District Magistrate-Cum on 10 August, 2022

            IN THE HIGH COURT OF ORISSA AT CUTTACK

                      W.P.(C) No.11888 of 2022
       Sundaram BNP Paribas
       Home Finance Limited                     ....   Petitioner

                               Mr. Nalini Kanta Dash, Advocate

                              -versus-

       District Magistrate-cum-           .... Opp. Parties
       Collector, Ganjam & Others
                           Mr. Prasanna Kumar Mohanty, ASC

                         CORAM:
                         JUSTICE JASWANT SINGH
                         JUSTICE M.S. RAMAN

                               ORDER (Oral)

10.08.2022 Order No.

02. 1. This matter is taken up through hybrid arrangement (virtual/physical mode).

2. The Secured Creditor is before this Court seeking a direction to the District Magistrate, Ganjam for an early disposal of the application dated 25th October, 2021 moved under Section 14 of the SARFAESI Act, 2002 for providing official assistance to secure physical possession of mortgaged property.

3. Mr. Prasanna Kumar Mohanty, learned Additional Standing Counsel, upon instructions submits that the said application could not be decided due to non- fulfillment of certain requirements as per the statute- SARFAESI Act, 2002 and the same is now listed for // 2 //

consideration on 19th August, 2022. He assures the Court that the said application, even if incomplete would be decided expeditiously one way or the other not later than 31st August, 2022 in view of Judgment of this Court in the case of Bajaj Finance Ltd. v. M/s. Ali Agency and Others, reported in 2022 (I) ILR-CUT-86.

Learned counsel for the petitioner submits that they would fulfill the requirements for annexing along with the application for a proper decision before the next date of hearing fixed before the District Magistrate.

4. In view of the aforesaid stand, the present Writ Petition is disposed of.

(Jaswant Singh) Judge

(M. S. Raman) Judge AKK 10th August, 2022 Cuttack