M/S.Sundaram Bnp Paribas v. The District Magistrate /

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 05-02-2015

CORAM:

THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P. Nos.2717 & 2718 of 2015 Sundaram BNP Paribas Home Finance Ltd.

Represented by its Authorised Officer N. Udayakumar 46 Whites Road SF Towers - I Floor Royapettah Chennai 600 014 Petitioner in both the WPs Vs.

The District Magistrate/District Collector Vellore District Vellore Respondent in both the WPs Writ Petitions filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondent to consider and pass orders on the petitioner's petitions dated 30.06.2014 filed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. For petitioner Ms. M. Sneha in both the WPs For respondent Mr. P.S. Sivashanmugasundaram in both the WPs Special Government Pleader COMMON ORDER (Order of the Court was made by SATISH K. AGNIHOTRI, J.)

The grievance of the petitioner is that the petitioner had filed petitions under the provisions of Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 (for short "the SARFAESI Act") on 30.06.2014, seeking assistance of the respondent for taking over possession of the secured asset in furtherance of exercise under Section 13(4) of the SARFAESI Act. However, the respondent has not taken any step so https://hcservices.ecourts.gov.

far when the object of the said provisions is to extend assistance to secure possession of the secured asset, at the earliest. 2.

The learned Special Government Pleader appearing for the respondent submits that a direction to that effect may be issued to the respondent.

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 petitions are disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar cad To 1.The District Magistrate/District Collector Vellore District Vellore 2.The District Magistrate/District Collector, Thiruvallur District, Thiruvallur.

2 cc to Mr.J.Ravindran ,Advocate, SR.No.6075 & 6076 1 cc to Government Pleader,Sr.No6347 W.P. Nos.2717 and 2718 of 015 gj(co) pmk.25.2.2015 https://hcservices.ecourts.gov.in/hcservices/