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Madras High CourtWP/3599/2024disposed of

M/S.Repco Home Finance Limited v. District Magistrate And District Collector

2024-02-16Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY M/s.REPCO Home Finance Limited Rep. by its Authorised Officer/ Assistant General Manager (Recovery) K.Baggiyaraj, Plot No.4055, U Block No.10, 1st Floor, 4th Main Road, Anna Nagar Chennai - 600 040.

..

Petitioner Vs.

1. District Magistrate and District Collector Chennai, Having Office at 4th Floor Singaravelar Maaligai, No.62, Rajaji Salai Chennai - 600 001.

2. The Tahsildar Maduravoyal Taluk Having Office at No.35HF + 559, Bharathi Salai Mogappair West, Ambattur Industrial Estate Chennai - 600 037.

3. The Deputy Commissioner of Police Madhavaram, Chennai.

..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents to execute the order passed by the 1st respondent in Rc.J15/34580/2018 dated

07.02.2020 under Section 14 of the SARFAESI Act and to take physical possession of the secured assets mentioned therein and handover the same to the petitioner within a stipulated period. For the Petitioner : Mr.A.Ilangovan For the Respondents : Mr.K.Karthik Jegannath Government Advocate for R1 and R2 Mr.R.Muniyapparaj Additional Public Prosecutor assisted by Mr.M.Sylvester John for R3

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.A.Ilangovan, learned counsel for the petitioner, Mr.K.Karthik Jagannath, learned Government Advocate for respondents 1 and 2 and Mr.R.Muniyapparaj, learned Additional Public Prosecutor assisted by Mr.M.Sylvester John, learned counsel for respondent 3.

2. Learned Government Advocate and learned Additional Public Prosecutor submit that in case there is no stay to the order passed under Section 14 of the Securitistion and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, then the order would be executed within a period of eight weeks.

3. In view of the said statement, we are not required to pass any orders. The writ petition, accordingly, stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 16.02.2024 Index :

Yes/No :

Yes/No drm To

1. District Magistrate and District Collector Chennai, Having Office at 4th Floor Singaravelar Maaligai, No.62, Rajaji Salai Chennai - 600 001.

2. The Tahsildar Maduravoyal Taluk Having Office at No.35HF + 559, Bharathi Salai Mogappair West, Ambattur Industrial Estate Chennai - 600 037.

3. The Deputy Commissioner of Police Madhavaram, Chennai.

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

(drm) 16.02.2024