15.wp.3686.09 1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3686 OF 2009 WITH CIVIL APPLICATION NO.1591 OF 2009 IN WRIT PETITION NO.3686 OF 2009 Bombay Mercantile Co­operative Bank Limited. ..Petitioner. Versus Abdul Hameed Abdul Majeed Karigar and 2 others. ..Respondents. .... Mr.D. Banarji, Advocate with Ms.Swapana Rachora, Advocate i/b. T.N. Tripathi & Co. for the petitioners. Mrs.S.S. Bhende, A.G.P., for respondent Nos.2 & 3. Mrs.Jayashree Akolkar, Advocate for the intervenor in Civil Application No.1591 of 2009. .... CORAM : D.K. DESHMUKH, AND K.K. TATED, JJ. DATED : 9TH DECEMBER, 2009 P.C.:­ 1. Rule. Rule is made returnable forthwith. Heard finally by consent of the petitioner and respondent Nos.2 & 3. In view of the order that we propose to pass, service on respondent No.1 is not necessary. 2. The petitioner claims to be a financial institution. It has made an application under Section 13(4) of the 15.wp.3686.09 2 Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Copy of that application is produced on record. The date of that application is 14th March, 2006. The complaint is that the respondent No.3 District Magistrate is not deciding that application. In our opinion, therefore, the following order would meet the ends of justice:­ :: O R D E R :: (i) The District Magistrate to decide the application, copy of which is at Exhibit­D to the Petition filed by the petitioner, as expeditiously as possible in any case within a period of 16 weeks from the date on which writ of this order is served on respondent No.2. (ii) Rule is made absolute accordingly. No order as to costs. (iii) Writ Petition is disposed of accordingly. Civil Application is also disposed of. (D.K.DESHMUKH,J) (K.K. TATED,J)