2012 (6) TMI 42 - HC - Indian Laws

Securitisation Act - taking possession of the secured assets - Second Respondent (Collector and District Magistrate, Sangli) orally declined to render administrative assistance as required - No dates are fixed for the attendance of Bank officers and no communication is furnished regarding the status of the applications Held that - Second Respondent is duty bound to act in accordance with the letter and spirit of the legislation enacted by Parliament under Section 14 of the Securitisation Act, 2002. It does not lie within the jurisdiction of the Collector under Section 14 to enter upon an adjudication of the merits of the claim of the Bank. Second Respondent shall expeditiously conclude the pending applications. Petition is accordingly disposed of

Summary

Issues:
- Delay in providing administrative assistance under Section 14 of the Securitisation Act, 2002 by the Collector and District Magistrate, Sangli.
- Failure to follow legal procedures and principles in disposing of applications.
- Lack of communication and adherence to legal principles in handling applications under Section 14.
- Jurisdiction and duties of the Collector under Section 14 as per Trade Well v. Indian Bank judgment.

Analysis:
1. Delay in Administrative Assistance: The petitioner, a cooperative bank, sought directions for expedited administrative assistance under Section 14 of the Securitisation Act, 2002 from the Collector and District Magistrate, Sangli. The bank highlighted delays in processing applications, with some pending for several years, leading to a hold-up in recovering a substantial amount due to the bank, amounting to over Rs. 270.75 lacs. Despite various communications and directives, the Collector allegedly did not take prompt action, prompting the bank to approach the High Court under Article 226 of the Constitution.

2. Failure to Follow Legal Procedures: The High Court observed that the conduct of the Second Respondent (Collector) was in breach of the law laid down by the Court. The Court emphasized that the Second Respondent must act in accordance with the legislation's letter and spirit, specifically under Section 14 of the Securitisation Act, 2002. An adjournment was granted for the respondents to file their replies, indicating the seriousness of the matter and the need for compliance with legal requirements.

3. Lack of Communication and Adherence to Legal Principles: The Collector's reply, filed by the Residential Naib Tahsildar, attempted to address the six applications filed by the petitioner. However, it was noted that significant delays occurred in taking action on these applications, with no satisfactory explanation provided for the extended timelines. The Collector's inaction in several cases for nearly three years and the reasoning behind delays, such as pending suits, raised concerns about procedural efficiency and adherence to legal requirements.

4. Jurisdiction and Duties of the Collector: The High Court referenced the Trade Well v. Indian Bank judgment to clarify the Collector's jurisdiction under Section 14 of the Securitisation Act, 2002. The judgment outlined specific duties and limitations on the Collector, emphasizing that the Collector is not required to adjudicate the merits of the bank's claim but to verify essential conditions before passing orders under Section 14. The Court directed the Second Respondent to conclude pending applications promptly and instructed all Collectors and District Magistrates to maintain records and expedite processing of applications within specified timeframes.

5. Conclusion: The High Court disposed of the petition with directions for timely resolution of pending applications and emphasized the importance of adhering to legal principles and procedural efficiency in handling matters under Section 14 of the Securitisation Act, 2002. The judgment underscored the need for Collectors to follow established legal precedents and ensure expeditious resolution of cases without entering into the merits of individual applications.