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

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 16-02-2015

CORAM:

THE HONOURABLE MR. JUSTICE SATISH K. AGNIHOTRI AND THE HONOURABLE MR. JUSTICE M. VENUGOPAL W.P. No. 3882 of 2015 M/s. Sundaram BNP Paribas Home Finance Ltd., rep. By its Authorised Officer N. Udayakumar, 46, Whites Road, SF Towers, 1st floor, Royapettah, Chennai 600 014.

Petitioner Vs.

The District Magistrate/ District Collector, Tiruvannamalai District, Thiruvannamalai.

Respondent Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondent to pass orders on the petition dated 1.10.2014 filed under Section 14 of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act 2002 and implement the same within the time fixed.

For petitioner Ms. M. Sneha For respondent Mr. N. Sakthivel Govt. Advocate

ORDER

(Order of the Court was made by SATISH K. AGNIHOTRI, J.) By consent of both parties, the writ petition is taken for disposal at the admission stage itself.

The grievance of the petitioner is that the petitioner had filed petition 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 01.10.2014, seeking assistance of the respondent for taking over possession of https://hcservices.ecourts.gov.in/hcservices/

the secured asset in furtherance of exercise under Section 13(4) of the SARFAESI Act. However, the respondent has not taken any step so 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 Government Advocate 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. The writ petitions are disposed of accordingly. No costs. Sd/- Assistant Registrar Dated:20.2.15 True Copy Sub Assistant Registrar To The District Magistrate/ District Collector, Tiruvannamalai District, Thiruvannamalai.

+1 cc to Mr.J.Ravindran, Advocate,SR.8599 +1 cc to Government Pleader,SR.8420.

ctk(co) krd 26/2 W.P. No.3882 of 2015 https://hcservices.ecourts.gov.in/hcservices/