State Bank Of India v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.02.2022 CORAM :

THE HON'BLE MR.JUSTICE M.DURAISWAMY AND THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI W.P.NO.2998 OF 2022 State Bank of India, SARB, Red Cross Building, Montieth Road, Egmore, Chennai - 8, Rep by its Chief Manager .. Petitioner Vs.

1. The District Collector, Chennai District, Rajaji Salai, Chennai - 1.

2. S.Balaji .. Respondents Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus to direct the 1st respondent to dispose of the application filed under Section 14 of the SARFAESI Act on 10.06.2020 within a time frame pertaining to the secured property belonging to the 2nd respondent herein. For Petitioner :

Mr.M.L.Ganesh For Respondents :

Mr.S.Ravi Kumar, Special Government Pleader (R1)

O R D E R

(ORDER OF THE COURT WAS MADE BY M.DURAISWAMY, J.) The petitioner has filed the above Writ Petition to issue a Writ of mandamus to direct the 1st respondent - District Collector to dispose of the application filed under Section 14 of the SARFAESI Act dated 10.06.2020 within a time frame. https://hcservices.ecourts.gov.in/hcservices/

2.As per the provisions of Section 14 of the Securitisation & Reconstruction of Financial Asset & Enforcement of Security Interest Act, 2002 (in short 'SARFAESI'), the application filed under Section 14 of the Act has to be disposed of within a period of sixty days from the date of presentation of the application. Though the petitioner has filed the application under Section 14 as early as on 10.06.2020, the 1st respondent has not disposed of the same yet.

3.Mr.S.Ravi Kumar, learned Special Government Pleader appearing for the 1st respondent submitted that the 1st respondent may be directed to dispose of the application within a period of six weeks.

4.Having regard to the submissions made by the learned counsel on either side, 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 1st respondent to dispose of the petitioner's application dated 10.06.2020 filed under Section 14 of the SARFAESI Act, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

5.With these observations, the Writ Petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar va To The District Collector, Chennai District, Rajaji Salai, Chennai - 1.

+1cc to the Government Pleader, S.R.No.11537 W.P.No.2998 of 2022 GJ(CO) RLP(02/03/2022) https://hcservices.ecourts.gov.in/hcservices/