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Madras High CourtWP/3565/2024disposed of

The State Bank Of India, v. Mr. V.A.Kumar,

2024-02-15Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 15.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY The State Bank of India Constituted under the State Bank of India Act, 1955 Having its Central Office at Mumbai and its Branch Office at Retail Assets Central Processing Centre South Kurinji Complex, State Bank of India Road Coimbatore - 641 018.

Rep. by its Chief Manager Murali Krishnan.M ..

Petitioner Vs.

1. V.A.Kumar

2. A.Vijayakumar ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the Chief Judicial Magistrate at Coimbatore to dispose the Application field under Section 14 of the SARFAESI Act made in Crl.M.P.No.33792 of 2023 with a time frame pertaining to the secured property belonging to the respondents in the interest of justice.

For the Petitioner : Mr.M.A.Abdul Wahab for M/s.K.V.Subramaniam Associates

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.M.A.Abdul Wahab, learned counsel appearing for M/s.K.V.Subramaniam Associates for the petitioner.

2. The petitioner has filed an application under the provisions of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 [for brevity, "the SARFAESI Act, 2002"] on 18.05.2023. Learned counsel for the petitioner submits that the same is not yet decided.

3. We are not aware of the number of matters pending with the concerned Chief Judicial Magistrate.

4. The application is filed after the sale of the property. The petitioner shall make an application with the concerned Chief Judicial Magistrate for expeditious disposal of the application filed under the provisions of Section 14 of the SARFAESI Act, 2002, which

application shall be considered by the Chief Judicial Magistrate and may endeavour to decide the application filed under the provisions of Section 14 of the SARFAESI Act, 2002 expeditiously.

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

(S.V.G., CJ.) (D.B.C., J.) 15.02.2024 Index :

Yes/No :

Yes/No drm

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

(drm) 15.02.2024