VBC 1 wp9347.10-26.9 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE WRIT PETITION NO.9347 OF 2010 The Ajara Urban Co-operative Bank Ltd. ..Petitioner. versus District Magistrate, Kolhapur & Ors. ..Respondents. ..... Mr.P.D.Dalvi for the Petitioner. Mr.Y.P.Steevson for Respondent No.3. ..... CORAM : DR.D.Y.CHANDRACHUD & A. A. SAYED, JJ. September 26, 2011. P.C. : In these proceedings, the Petitioner seeks a direction to the Collector and District Magistrate at Kolhapur to exercise powers under Section 14 of the the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. Prima facie, we are of the view that despite the order passed by the Division Bench of this Court on 16 February 2010, directing the Collector to dispose of the application filed by the Petitioner, no steps have been taken by the Collector in accordance with law. The Collector has, by his order dated 30 September 2010, directed the Bank to produce the record and documents. The role of the VBC 2 wp9347.10-26.9 District Magistrate under Section 14 is limited. As held by the Division Bench of this Court in Trade Well vs. Indian Bank,1 the Collector has only to decide whether (i) The secured asset falls within his jurisdiction and (ii) A notice under Section 13(2) has been issued. The Collector at Kolhapur is evidently unaware of the parameters of his jurisdiction under Section 14 or otherwise he would have not issued a patently untenable direction that has been issued on 30 September 2010. This issue has already been considered by a Division Bench in the Saraswat Co-operative Bank Ltd. vs. State of Maharashtra.2 We dispose of this Petition by directing the Collector to pass an order in terms of the law laid down by this Court in Trade Well and in Saraswat Bank (supra) within a period of two week from the date on which an authenticated copy of this order is produced before him. The Petition is accordingly disposed of. ( Dr.D.Y.Chandrachud, J.) ( A. A. Sayed, J.) 1 2007(1) Bom.C.R. (Cri) 783 2 Writ Petition 4344 of 2011 decided on 28 July 2011