KOTAK MAHINDRA BANK LIMITED Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr. Lalit M. Patel, the learned advocate appearing for the writ applicant and Mr. Bhargav Pandya, the learned Assistant Government Pleader appearing for the respondent - State.

(2.) Mr. Lalit Patel, the learned advocate appearing for the writ applicant submitted that the writ applicant herein is constrained to approach this Court seeking appropriate directions against the respondent No.1 to expedite for hearing and disposal of the Securitisation Application which was filed by the writ applicant under Sec. 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short ' SARFAESI Act ') against the Borrower/s i.e. M/s Shri Ram Krupa Paper Mills & Others dtd. 25/4/2022. However, after lodging it in the inward sec. , the said application came to be wrongly returned/erroneously returned on the very same day by post to a third party i.e. ICICI Bank Ltd. on the grounds that copy of application has not been submitted to the respondents along with the application in original and thereby the respondent herein is not authorized to pass any order under Sec. 14(1A) of SARFAESI Act.

(3.) Mr. Lalit Patel, the learned advocate appearing for the writ applicant submitted that the writ applicant herein would prefer a fresh application before the respondent authority and the authority be directed to consider the same and pass appropriate orders in accordance with Sec. 14 of the SARFAESI Act. Mr. Lalit Patel, the learned advocate submitted that a copy is not required to be submitted to the respondents and relied on the order dtd. 23/3/2022 passed in Writ Petition (L) No.8418 of 2022 passed by the Hon'ble High Court of Bombay and has relied on paragraph No.7 which reads thus :-