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Madras High CourtWP/18506/2021disposed of

The Authorized Officer v. The Honourable Chief Judicial Magistrate

2021-09-06Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:06.09.2021 CORAM :

THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.18506 of 2021 The Authorized Officer Central Bank of India No. 19-A M.G.Road Hosur 635 109

...Petitioner

Vs

1. The Chief Judicial Magistrate Krishnagiri

2. M/s. Uma Kumar Hospital Rep. by its Partners Plot No. 54 Bangalore Bye Pass Road Hosur 635 109

...Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus directing the 1st respondent to dispose of the application filed under Section 14 of SARFAESI Act on 6/11/2020 within a timeframe. For the Petitioner : Mr.M.L.Ganesh * * * * *

ORDER

(Order of the Court was made by The Hon'ble Chief Justice) This is another petition seeking a direction on the authority in receipt of a request under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 to act expeditiously and render the requisite assistance in accordance with law.

2. It has been pointed out in several previous matters that it is imperative that the authority approached under Section 14 https://hcservices.ecourts.gov.in/hcservices/

of the Act should dispose of the request as expeditiously as possible and within the time-frame indicated in the provision itself. It has also been emphasised that no adjudicatory function is discharged by the relevant authority in receipt of a request under Section 14 of the said Act. In such context, the order of this court passed on W.P.No.5098 of 2021 dated April 23, 2021 may be referred to.

3. W.P.No.18506 of 2021 is disposed of requesting the Chief Judicial Magistrate, Krishnagiri to immediately take up the petitioner's request under Section 14 of the Act and dispose of the same in accordance with law within four weeks of the receipt of a copy of this order.

4. In view of the nature of the order passed, no previous service was necessary to be effected on the second respondent. There will be no order as to costs.

Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar sra To The Chief Judicial Magistrate Krishnagiri W.P.No.18506 of 2021 RLD (CO) K.RK. (13.09.2021) https://hcservices.ecourts.gov.in/hcservices/