Madras High CourtWP/9134/2024disposed of

M/S Kotak Mahindra Bank Limited v. Sri Pusspam Textile Mill

2024-04-05Honourable The Chief Justice,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05.04.2024 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 Ltd.

Having one of the Branch address at 5th Floor, Samson Towers, 402L Pantheon Road, Egmore, Chennai - 600 008 Authorized Signatory N.Suresh ..

Petitioner Vs.

1. M/s.Sri Pusspam Textile Mill No.33/35, Balathandayutham Street Erode - 638 002.

2. Srivani

3. Amrithaa PMB

4. Sasikala

5. Balasubramaniam PM

6. Mohanraj P

7. Amith Kumar ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the Chief Judicial Magistrate, Salem to expeditiously dispose off the petition filed by the petitioner

under Section 14 of the SARFAESI Act on 29.11.2022 in Crl.M.P.No.1163 of 2022.

For the Petitioner : Mr.M.Arunachalam

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.M.Arunachalam, learned counsel for the petitioner.

2. It is submitted that the petitioner filed an application under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, in the month of November, 2022, but the same is not yet decided.

3. The cause-list shows that the said matter was on the board on 16.02.2024 for the purpose of carrying out amendment by the petitioner.

4. It is submitted by learned counsel for the petitioner that the amendment is carried out on the said date.

5. It is only after the amendment is carried out, the matter would be listed for hearing. We are not aware of the number of matters pending before the concerned Chief Judicial Magistrate, however, considering that the matter is filed in the year 2022, the petitioner may request the concerned Chief Judicial Magistrate to decide the same expeditiously, which request shall be considered by the Chief Judicial Magistrate on its own merits.

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

(S.V.G., CJ.) (J.S.N.P., J.) 05.04.2024 Index :

Yes/No :

Yes/No drm

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

(drm) 05.04.2024