Madras High CourtWP/2087/2024disposed of

M/S.Aditya Birla Finance Limited v. M/S.Sakthi Gold

2024-02-01Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 01.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M/s.Aditya Birla Finance Limited Rep. by its Authorized Signatory, Palani Kandaswamy Registered Office at Indian Rayon Compound Veraval, Gujarat - 326 266 Branch Office at Unit #10 & 12 6th and 4th Floor, Oval Venkat Narayan Road T.Nagar, Chennai - 600 017.

Petitioner Vs.

1. M/s.Sakthi Gold No.996 B, Cross Cut Road Gandhipuram, Coimbatore - 641 012.

2. Nithianantham Ganesh

3. Kanchanamani Ganesh

4. Nirupama Kanchanamani Ganesh ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the Chief Judicial Magistrate, Coimbatore to provide administrative assistance on an expeditious basis, to take possession of the Secured Asset with respect to the Petition bearing Crl. M.P. No.40804 of 2023, filed under Section 14 of the SARFAESI Act, 2002, filed by the petitioner on 14.09.2023, pending before the Chief Judicial Magistrate, Coimbatore

For the Petitioner : Mr.S.K.Mariyappan

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.S.K.Mariyappan, learned counsel for the petitioner.

2. Learned counsel for the petitioner submits that the application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [in short, "SARFAESI Act, 2002"] has been filed on 14.09.2023. However, the same is not yet decided.

3. We are not aware of the number of matters pending before the learned Chief Judicial Magistrate. The petitioner may make an application to the learned Chief Judicial Magistrate for expeditious disposal of the application. The learned Chief Judicial Magistrate shall consider the application for expeditious disposal and endeavour to decide the application filed under Section 14 of the SARFAESI Act, 2002 expeditiously.

4. The writ petition, as such, stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 01.02.2024 Index :

Yes/No :

Yes/No drm

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 01.02.2024