Aditya Birla Capital Ltd. Vs State of H.P & ors. (Himachal Pradesh High Court)
The petitioner sought directions for expeditious disposal of its application filed under Section 14 of the SARFAESI Act, 2002, which is pending before the ACJM, Nalagarh, Himachal Pradesh. The grievance was that the application had not yet been adjudicated, and the petitioner requested a time-bound hearing. The High Court observed that the petition may not be maintainable but noted that the relief sought was limited and procedural. Considering the nature of the request, the Court disposed of the petition with a direction to the ACJM, Nalagarh, to pass appropriate orders and decide the Section 14 application expeditiously, preferably within two months. The Court also directed that all stakeholders, including the petitioner, be given an opportunity of being heard. It clarified that it had not examined the merits of the matter, and the lower court should decide the application independently, without being influenced by the filing of the present petition. Any pending applications were also disposed of.
FULL TEXT OF THE JUDGMENT/ORDER OF HIMACHAL PRADESH HIGH COURT
Precisely, the grouse of the petitioner as has been highlighted in the petition and further canvassed by the learned counsel representing the petitioner is that the application under Section 14 of SARFAESI Act, 2002 is pending adjudication before the Court of learned ACJM, Nalagarh, H.P and as such necessary directions may be issued to expedite the hearing and conclude the proceedings in a time bound manner.
