Kotak Mahindra Bank Limited v. Ashokan.M

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD M/s.Kotak Mahindra Bank Limited, Having its Registered Office at 27 BKC, C 27, Block, Bandra Kurla Complex, Bandra (E), Mumbai-400 051 Maharashtra, India.

Having one of the Branch office at 5th Floor, Samson Towers, 402L, Pantheon Road, Egmore, Chennai-600 008 rep. by its Authorised Signatory N.Suresh.

.. Petitioner Vs 1.M.Ashokan 2.Anandhavalli 3.M/s.Ashok Processing Mills, No.26, Velu Street, No.2, Salem-636 006.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the CJM, Salem to

pass orders in Section 14 petition under SARFAESI Act 2002 filed by the petitioner before the CJM, Salem on 11.11.2022 vide Crl.M.P.No.1022/2022.

For the Petitioner : Mr.M.Arunachalam

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.M.Arunachalam, learned counsel for the petitioner.

2. The present writ petition is filed seeking a direction against the learned Chief Judicial Magistrate, Salem, to decide the application filed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short, "the Act of 2002")

3. It appears that an amendment has been carried out recently, i.e., in March, 2024, in the application filed under Section 14 of the Act of 2002. Now, the next date is fixed on 23.04.2024.

4. The petitioner may appear before the learned Chief Judicial Magistrate, Salem and request for early disposal of the application, which request would be considered by the learned Chief Judicial Magistrate on its own merits. Considering the fact that the application is of the year 2022, the learned Chief Judicial Magistrate may endeavour to decide the said application expeditiously.

5. With these observations, the writ petition is disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (J.S.N.P., J.) 08.04.2024 Index :

Yes/No :

Yes/No bbr

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD,J.

bbr 08.04.2024