M/S.Punjab National Bank v. The District Collector

In the High Court of Judicature at Madras Dated: 04.05.2016 Coram :

The Hon'ble Mr.Justice K.K.SASIDHARAN and The Hon'ble Dr.Justice S.VIMALA W.P.No.17015 of 2016 M/s.Punjab National Bank Asset Recovery Management Branch, Rep. By its Chief Manager.

.. Petitioner -vsThe District Collector, Kanchipuram District, Kanchipuram.

.. Respondent Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to to direct the respondent to pass orders on the petition dated 19.01.2016 filed by the petitioner under Section 14 of the SARFAESI Act on the file of the respondent within a time frame to be fixed by this Court. For Petitioner :

Mr.S.Rajeni Ramadass For Respondent :

M/s.A.Srijayanthi, Spl.G.P.

O R D E R

(Order of the Court was made by K.K.SASIDHARAN, J.) The petitioner invoked the proceedings under the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (hereinafter referred to as 'the SARFAESI Act') against the borrower. Thereafter, a petition was filed before the Collector for taking possession under Section 14 of the SARFAESI Act on 19.01.2016. Since followup action was not taken by the Collector, the petitioner has come up with this writ petition.

2.The petitioner has produced a copy of the petition dated 19.01.2016 requesting the Collector to take possession of the property in question.

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3.We direct the respondent to consider and pass orders on the petition submitted by the petitioner on merits and as per law with notice to the borrower. Such exercise shall be completed within a period of three (3) months from the date of receipt of a copy of this order.

4.Writ petition is disposed of with the above direction. No costs.

Sd/- Vacation Officer /true copy/ Sub Asst. Registrar sra To The District Collector, Kanchipuram District, Kanchipuram.

1 cc to Mr. Rajeni Ramadoss, Advocate, sr. 28105 W.P.No.17015 of 2016 CA (CO) kk 11/5 https://hcservices.ecourts.gov.in/hcservices/