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Madras High CourtWP/2815/2022disposed of

M/S.L And T Finance Limited v. The Chief Judicial Magistrate

2022-02-17Honourable Mr Justice M.Duraiswamy,Honourable Mrs Justice T.V.Thamilselvi2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.02.2022 CORAM :

THE HON'BLE MR. JUSTICE M.DURAISWAMY AND THE HON'BLE MRS. JUSTICE T.V.THAMILSELVI W.P. No.2815 of 2022 M/s. L &T Finance Limited, Rep. By its Authorized Officer, Mr.Vijayaraj,Having its registered Office at Brindavan, Plot No.177, C.S.T. Road, Kalina, Santacruz (East), Mumbai - 400 098 and also at 5th and 6th Floor, A Wing, KGN Towers, 62, Ethiraj Salai, Egmore, Chennai - 15.

.. Petitioner v.

The Chief Judicial Magistrate, Tiruppur District,Tiruppur.

.. Respondent Writ Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus, directing the respondent, The Chief Juridical Magistrate, Tiruppur to expeditiously dispose of the petition in Crl.M.P. SR. No.1562 of 2021 filed by the petitioner under section 14 of the SARFAESI Act and received by the respondent, Chief Juridical Magistrate, Tiruppur on 22.11.2021 pending before the Respondent the Chief Judicial Magistrate, Tiruppur. For Petitioner : Mr.V.Balasubramani

O R D E R

(Order of the Court made by M.DURAISWAMY,J.) The petitioner has filed the above Writ Petition to issue a Writ of Mandamus, directing the respondent to expeditiously dispose of the petition in Crl.M.P. SR. No.1562 of 2021 filed by the petitioner under section 14 of the SARFAESI Act.

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2. Mr. V.Balasubramani, learned counsel appearing for the petitioner submitted that though the petitioner has filed the application under section 14 of the SARFAESI Act as early as on 22.11.2021, the respondent has not even numbered the petition and disposed of the same.

3. As per section 14 of the SARFAESI Act, an application filed under section 14, should be disposed of by the respondent within a period of 60 days from the date of the presentation of the application.

4. In these circumstances, taking into consideration the limited prayer sought for in the writ petition, without expressing any opinion with regard to the merits of the case, we direct the respondent to number petition in Crl.M.P. SR. No.1562 of 2021, filed section 14 of the SARFAESI Act, if the papers are in order, within a period of one week from the date of receipt of a copy of this order and dispose of the same, on merits and in accordance with law, within a period of six weeks, thereafter.

With this observation, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) True Copy// Sub Assistant Registrar Rj To The Chief Judicial Magistrate, Tiruppur District,Tiruppur.

W.P. No.2815 of 2022 BR[co] NSK 18/02/2022 https://hcservices.ecourts.gov.in/hcservices/