Madras High CourtWP/2770/2024disposed of

M/S.Pnb Housing Finance Ltd v. A.Indira Anand

2024-02-08Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M/S.PNB Housing Finance Ltd.

Reg.Office at No.9th Floor, Antrikshbhawan, 22, Kasturba Gandhi Marg, New Delhi-110 001.

Branch Office at 3rd Floor, Sudershan Building, No.14, Whites Road, Royapettah, Chennai-600 014, Rep. by its Authorised Signatory S.Jothikannan.

Petitioner Vs.

1. A.Indira Anand

2. Akkineni Anand Prasad

3. Saisivajyothi

4. A.Manohar Prasad

5. Lakshmianandhi

6. Anjali Krishna Mani

7. M/S.Anand Cine Service No.3, Sarangapani Street, T.Nagar, Chennai-600 017. Also At No.7i, Block 4, 136, Ceebrosshymala, Arcot Road, Saligramam, Chennai-600 093.

8. Akkineni Padma Monohar ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondent Chief Judicial Magistrate, Chengalpet to expeditiously dispose of the petition filed by the petitioner u/s.14 of the SARFAESI Act filed in CRL.MP.No.7741 of 2023 pending before the Chief Judicial Magistrate, Chengalpet.

For the Petitioner : Ms.K.Indhumathi for Mr.V.Balasubramani

ORDER

(Made by the Hon'ble Chief Justice) Heard Ms.K.Indhumathi, learned counsel appearing for Mr.V.Balasubramani, learned counsel for the petitioner.

2. Learned counsel for the petitioner submits that since September, 2023, the application filed by the petitioner under the provisions of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for brevity, "SARFAESI Act, 2002"] is pending with the learned Chief Judicial Magistrate. The same is not decided.

3. We are not aware of the number of matters pending before the concerned Chief Judicial Magistrate. It is no doubt true that the applications filed under the provisions of Section 14 of the SARFAESI Act, 2002 are to be decided expeditiously.

4. The petitioner may file an application before the learned Chief Judicial Magistrate for deciding the application filed under the provisions of the SARFAESI, 2002 expeditiously, which application may be considered by the learned Chief Judicial Magistrate.

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

(S.V.G., CJ.) (D.B.C., J.) 08.02.2024 Index :

Yes/No :

Yes/No drm

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

(drm) 08.02.2024