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Madras High CourtWP/1897/2015disposed of

State Bank Of India v. The District Magistrate-Cum-

2015-01-28Honourable Mr Justice M. Venugopal,Honourable Mr Justice Satish K. Agnihotri2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 28-01-2015

CORAM:

THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P.No.1897 of 2015 1 State Bank of India Stressed Assets Management Branch Red Cross Buildings No.32 Montieth Road Egmore Chennai-600 008.

Petitioner Vs 1 The District Magistrate-Cum- Collector Thiruvarur District Thiruvarur.

Respondent Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus to direct the respondent to dispose of the application filed by the petitioner under Sec. 14 of the SARFAESI Act on 15.05.2014 in accordance with law.

For petitioners ::

Mr. V. Suresh for M/s. Shivakumar and Suresh For respondents ::

Mr. P.S. Shivashamugha Sundaram, Special Government Pleader.

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) The grievance of the petitioner is that the petiitoner Bank had 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 short "SARFAESI Act") on 15.5.2014, seeking assistance of the respondent for taking over possession of the secured asset in furtherence of exercise under Section 13(4) of the SARFAESI Act. The authority has not taken any step so far when the object of the said provisions is to extend assistance to secure the possession of the secured asset at the earliest.

2.

The learned counsel appearing for the respondent submits that a direction to that effect may be passed. https://hcservices.ecourts.gov.in/hcservices/

3.

Accordingly, we direct the respondent to take up the matter and decide the same in accordance with law and on its own merits as expeditiously as possible preferably within a period of six weeks from the date of receipt of a copy of this order. 4.

The writ petition is disposed of, accordingly. No costs. glp -s/d- Assistant Registrar( ) Dt:3/2/2014 True Copy Sub-Assistant Registrar To The District Magistrate-Cum- Collector Thiruvarur District Thiruvarur.

+ 1 cc to M/s.Shivakumar & Suresh, Advocate SR 4241 + 1 cc to Govt.Pleader, High Court, Madras SR 4417 rsk(co) prk6/2 W.P.No.1897 of 2015 https://hcservices.ecourts.gov.in/hcservices/