Edelweiss Asset Econstruction v. Government Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.10.2019
CORAM
THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU W.P. No. 13375 of 2019 Edelweiss Asset Reconstruction Company Limited, Registered Office at Edelweiss House, 3rd Floor, Off C.S.T. Road, Kalina, Mumbai - 400 098, Represented by its authorized officer, Mr. Divya Shah.
... Petitioner -vs1. Government of India, Rep. by the Secretary to Government, Namakkal Kavignar Maaligai, Secretariat, Fort St. George, Chennai - 600 009.
2. The District Collector, Office of the District Collector, Thiruvallur District, Thiruvallur.
3. Chief Metropolitan Magistrate, Metropolitan Magistrate Court, Egmore, Chennai.
... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the First Respondent to notify the area's under the GO dated 04.01.2018 by expanding the Chennai Revenue District adding Taluks from Kancheepuram and Thiruvallur Districts falling within the jurisdiction of the Third under the code of Criminal Procedure Code as this Court may deem fit. For Petitioner :
M/s. S. Indumathi Ravi For Respondents:
Mr. R. Venkatesh, Government Advocate (for R1 and R2) Mr. B. Vijay (for R3)
O R D E R
When it is pointed out that in view of the decision of the Hon'ble Supreme Court of India in Authorised Officer, Indian Bank -vs- D. Visalakshi (Judgment dated 23.09.2019 in Civil Appeal No. 6295 of 2015)) holding that the jurisdictional District Magistrate/Collector as well as the jurisdictional Chief Judicial Magistrate have been empowered to take action under Section 14 of the Securitization and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002, Learned Counsel for the Petitioner seeks permission of this Court to withdraw the Writ Petition with liberty to approach either of those authorities for necessary relief for taking possession of the secured asset in accordance with law and he has made an endorsement to that effect. 2.
Recording the same, the Writ Petition is dismissed as withdrawn granting such liberty. No costs.
vjt Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar To
1. The Secretary to the Government of India, Namakkal Kavignar Maaligai, Secretariat, Fort St. George, Chennai - 600 009.
2. The District Collector, Office of the District Collector, Thiruvallur District, Thiruvallur.
3. Chief Metropolitan Magistrate, Metropolitan Magistrate Court, Egmore, Chennai.
+1cc to M/s.S.Indumathi Ravi, Advocate, SR.No.88075 W.P. No. 13375 of 2019 Kak(31/10/2019)