M/L 146 v. Additional Chief Judicial Magistrate-I, Baruipur, South 24 Parganas & Ors.
Case at a glance
Outcome
Disposed of
The writ petition stands disposed of
Provisions considered
- SARFAESI Act, 2002 s. 14
Key paragraphs
- Para 55. The instant writ petition is, accordingly, disposed of by directing learned Additional Chief Judicial Magistrate, Basirhat, North 24 Parganas to take steps for disposal of the Section 14 application, in accordance with law at the earliest, but positively within a period of thirty days…
Judgment
Mr. Anuj Singh Ms. Ankita Baid Ms. Rupal Singh Mr. Ashok Kumar … for the Petitioner.
Affidavit of service and the supplementary affidavit filed in Court today are taken on record.
The application made by the petitioner on 23rd December, 2024 under Section 14 of the SARFAESI Act, 2002 is pending consideration before the learned Additional Chief Judicial Magistrate, Basirhat, North 24 Parganas.
According to the second and third proviso of Section 14(1) of the Act, the application under Section 14 is required to be disposed of within a period of thirty days extendable for a further period of thirty days.
In the instant case, the application is pending disposal for months together.
The instant writ petition is, accordingly, disposed of by directing learned Additional Chief Judicial Magistrate, Basirhat, North 24 Parganas to take steps for disposal of the Section 14 application, in accordance with law at the earliest, but positively within a period of thirty days from the date of communication of this order. 2 A reasoned order shall be passed and communicated to the parties immediately thereafter.
Operative part
The writ petition stands disposed of.
Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all the requisite formalities. (Amrita Sinha, J.)
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: The writ petition stands disposed of
Which statutory provisions did this judgment involve?
SARFAESI Act, 2002 — s. 14.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.