Court No. - 39
Case :- WRIT - C No. - 2040 of 2019 Petitioner :- Indiabulls Housing Finance Company And Another Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Nishant Mehrotra Counsel for Respondent :- C.S.C.
Hon'ble B. Amit Sthalekar,J. Hon'ble Suresh Kumar Gupta,J.
Heard Sri Nishant Mehrotra, learned counsel for the petitioners and learned Standing Counsel for the respondents no. 1&2.
In view of the nature of the order sought to be passed, it is not necessary to issue notice to the respondents no. 3 & 4.
The petitioner no. 1 in the writ petition is a banking company which has already filed an application on 26.5.2018 before the District Magistrate/Collector, Mathura, respondent no. 2 under Section 14 of the SARFAESI Act, 2002. It is stated that the matter is pending for the last eight months and no order has been passed by the Collector till date. The prayer in the writ petition is for a direction to the respondent no. 2 to take appropriate steps for disposal of the petitioners' application under Section 14 of the SARFAESI Act, 2002.
No useful purpose would be served by keeping this writ petition pending.
The writ petition is disposed of with a direction to the District Magistrate/Collector, Mathura, respondent no. 2 to decide the petitioners' application dated 26.5.2018, annexure-8 to the writ petition, in accordance with law expeditiously preferably within a period of three months from the date of receipt of a certified copy of this order in his office.
Needless to say, before passing any order, the respondent no. 2 will give an opportunity of hearing to the respondents no. 3 & 4 also.
Order Date :- 22.1.2019 nd