M/S.Iifl Home Finance Limited, v. The Chief Judicial Magistrate,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.6109 of 2021 M/s. IIFL Home Finance Limited Formerly known as M/s. India Infoline Housing Finance Limited At No.12A-10, 13th Floor, Parinee Crescenzo, C-38 and C-39, G.Block, Behind MCA, BandraKurla Complex, Bandra East, Mumbai - 400 051 And its Branch office at IIFL 9th Floor, BasconFutura, No.10/1, Venkatanarayanan Road, T.Nagar, Chennai - 600 017 Through its Authorized Officer,Mr.R.Frazer .. Petitioner -vsThe Chief Judicial Magistrate, Chengalpet District.
.. Respondent Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus directing the respondent to expeditiously dispose of the petition filed by the petitioner under Section 14 of the SARFAESI Act and received by the respondent on 07.01.2020 in Crl.M.P.No.279/2020 pending before the respondent.
For Petitioner : Mrs.K.Bhuvaneshwari for Mr.V.Balasubramani
ORDER
(Order of the Court was made by The Hon'ble Chief Justice) In view of the order proposed to be made, no previous service is required to be effected on the respondent. However, the petitioner will immediately forward copies of the petition and this order to the respondent.
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2. The grievance of the petitioner, a secured creditor within the meaning of the relevant expression in the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, is that the request made under Section 14 of the Act of 2002 to the respondent herein has remained unattended to for a long time.
3. It is possible that because of the lockdown measures during the pandemic, the respondent thought it best not to deal with the matter. However, now that the lockdown has been considerably eased, the respondent should dispose of the request for assistance to take possession of the secured assets as expeditiously as possible and, preferably, within three weeks of the receipt of a copy of this order upon satisfying himself that necessary declarations have been furnished by the petitioner herein.
4. W.P.No.6109 of 2021 is disposed of without any order as to costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar bbr To:
The Chief Judicial Magistrate, Chengalpet District.
W.P.No.6109 of 2021 KJ(CO) GN(24/03/2021) https://hcservices.ecourts.gov.in/hcservices/