22 vs We Find That The Reliance Placed On ...
2022 Latest Caselaw 4082 UK

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      20.12.20                   SPA No. 454 of 2022
      22
                                 Hon'ble Vipin Sanghi, C.J.
                                 Hon'ble Alok Kumar Verma, J.

Addendum to the judgment dated 16.12.2022

After we have disposed of the Appeal in the open Court, we have again perused the judgment rendered by the Division Bench of the Orissa High Court in Bajaj Finance Ltd. vs. M/s Ali Agency and others, W.P. (C) No. 11425 of 2021, decided on 10.01.2022, in detail.

We find that the reliance placed on the said judgment by the respondents' counsel to submit that the Orissa High Court in Bajaj Finance Ltd. (supra) has held that after the order is passed by the District Magistrate under Section 14(1) of the SARFAESI Act, the officer so deputed to execute the order under Section 14(1) of the SARFAESI Act should complete the process of execution within 60 days, and if the order is not executed within the said period, the officer concerned shall report the matter back to the District Magistrate, who will then pass suitable orders, has been given a twist by the counsel for the respondents by submitting that the judgment places an embargo on the execution of an earlier order passed under Section 14(1) without issuance of fresh orders by the District Magistrate.

We have again perused the judgment of the Orissa High Court in Bajaj Finance Ltd. (supra), and we do not find any such observation in the said judgment. Thus, our observation made in Para-6 of the aforesaid judgment raising serious reservations with regard to the correctness of the judgment of the Orissa High Court in Bajaj Finance Ltd. (supra) is not called for, and we, therefore, omit the said observation.

The aforesaid addendum does not affect our decision in the Appeal, as already rendered.

The parties be communicated this addendum to the judgment dated 16.12.2022 by the Court.

      (Alok Kumar Verma, J)       (Vipin Sanghi, CJ)

          20.12.2022                  20.12.2022

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